Reordering

Faculty granted for votive candle stand. Judgment contains a discussion as to the legality of the use of votive candles in church.

The proposed reordering works included removal of some pews; alterations to the low wall between nave and chancel; creation of storage units in the Berkeley Chapel; raised platform in front of the choir and new nave altar; display cabinets near font; servery; toilets; glazing of tower arch and a new screen wall in front of the tower. The main object was to provide a more welcoming and useful space, especially for large gatherings. There were several objectors to the proposals, but no parties opponent. The Deputy Chancellor granted a faculty for all the works.

Several items of reordering were proposed, in order to make the space in the church more flexible for church and community groups and events. Objections were received as to the reordering generally and also as to lack of detail in some of the proposals. The Deputy Chancellor granted a faculty for the removal of the pews and their replacement with unupholstered chairs to be approved by the Diocesan Advisory Committee; a toilet; a kitchen; insulation of the roof; upgrading of doors; and tower repairs. He refused to grant a faculty for secondary glazing and a replacement heating system, owing to lack of detailed information provided by the petitioners.

In 2016 the Chancellor of the Diocese of Chester granted a faculty for the proposed new church centre. An application was subsequently made by the objectors to the Chancery Court of York for leave to appeal. By an Order dated 20 December 2016, the Auditor of the Chancery Court gave leave to appeal on only one of the grounds put forward by the objectors. The appeal to the Chancery Court of York was later withdrawn as the result of a Consent Order.

In 2015 a petition was presented in the Diocese of Chester, seeking permission to construct a new church centre at Upton St. Mary at a cost of £1.6m. This would involve the demolition of an adjacent hall. There were objections. On 30 November 2015 the Chancellor gave an interim judgment dealing with the question of whether the adjacent building was within the curtilage of the church. The Chancellor concluded that it was, and so it was within his jurisdiction. For the chancellor's full judgment, see Re St. Mary Upton [2016] ECC Chr 3.

The Chancellor granted a faculty for the proposed new church centre. Following the judgment an application was made by the objectors to the Chancery Court of York for leave to appeal. By an Order dated 20 December 2016, the Auditor of the Chancery Court gave leave to appeal on only one of the grounds put forward by the objectors. The appeal to the Chancery Court of York was subsequently withdrawn as the result of a Consent Order. See Re St. Mary Upton (or Overchurch) (Order) [2016] ECCY 1.

Review of original judgment following objections of Parish Council (after the grant of a Faculty) to the removal of pews and replacement with chairs. Faculty confirmed.

The petition proposed a major reordering, including the removal of pews from the nave and their replacement with Howe 40/4 chairs; alteration of choir pews and other reordering of the chancel; installation of underfloor heating; extensive re-flooring; removal of walls at the west end of the church and installation of glass screens and doors. The Victorian Society was a party opponent. The Deputy Chancellor granted a faculty, concluding that this was an exceptional case where extensive reordering was necessary to meet the needs of the church and the local community.

The petitioners wished to install two new gas-fired central heating boilers in the link structure between the church and the new vestry, to replace a single 17 year old gas-fired boiler installed in the same link structure and a 25 year old oil-fired boiler installed in a Victorian boiler-house 20 metres from the church. There was one written objection that the proposed installation would take up valuable storage space. The Deputy Chancellor granted a faculty.

The petitioners sought permission to reorder St Mary’s, a Grade II* listed church, by removing the nave pews and other Victorian furnishings and replacing them with chairs. Although the DAC supported the proposals, objections from the Victorian Society and a parishioner were considered by the Chancellor. The pews had been removed under an Archdeacon’s Licence for Temporary Minor Reordering to allow floor repairs, but were not reinstated after the licence expired. The Chancellor held that the pews should have been replaced and questioned whether their removal qualified as “temporary” or “minor.” She emphasized that Archdeacon’s Licences must be used with care and within prescribed time limits. Nevertheless, applying the Duffield test, she granted a Faculty for most of the proposed changes, including the permanent removal of the pews, subject to conditions. The Chancellor concluded that although some harm would be caused to the church’s historic character, this was justified by the benefits and the needs addressed by the reordering.