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Alphabetical Index of all judgments on this web site as at 10 September 2024

Judgments indexed by Diocese:
2024 Judgments
2023 Judgments
2022 Judgments
2021 Judgments

The Parochial Church Council (PCC) petitioned to remove the remaining century-old pews from the Grade II listed church to create flexible seating for wider community use. The proposal included replacing pews in the nave with heavy wooden chairs and adding 100 lightweight, stackable chairs for occasional use. Timber from some pews would be repurposed into a screen concealing stored chairs. The scheme also sought to relocate the fifteenth-century font from the southeast corner to a position opposite the main entrance, restoring its traditional symbolic placement. Three individuals objected, arguing that removing pews would damage the church’s character and waste funds. Because the proposed upholstered seating contravened ChurchCare Guidance, the Chancellor referred the matter to the Church Buildings Council (CBC), which supported flexible seating but warned against upholstery. The petitioners justified the upholstery choice on practical and aesthetic grounds. Applying the principles from Re St Alkmund, Duffield [2012], the Chancellor found no harm to the church’s historical or architectural significance. The upholstery concerns were satisfactorily addressed, and the font move was reversible. Accordingly, the Chancellor granted the faculty as requested.

The petitioner wished to erect in the churchyard a memorial of black polished granite with matching kerbs filled with grey granite chippings. The Chancellor refused to grant a faculty as the proposed memorial was outside the churchyards regulations and he also considered it inappropriate for the particular churchyard. He also made it clear that the unlawful introduction of unsuitable memorials of a similar type in the past did not justify the current proposal.

The Rector and churchwardens petitioned for a faculty permitting the incumbent to authorise modest uncoloured pictures on memorials within the new churchyard extension. The Chancellor granted a faculty subject to the conditions that the pictures authorized: (i) must not occupy more than one third of the face of the stone and must be uncoloured; (ii) must reflect the life of the deceased; (iii) must not be inconsistent with Christian theology and doctrine; and (iv) must not be of a subject-matter which is transitory in nature. A factor in the Chancellor's decision was that the churchyard extension was visually screened from the main churchyard by a large blackthorn hedge.

The Chancellor granted a faculty for the sale to Westminster Council of an unconsecrated strip of land within the curtilage of the church. The judgment contains a discussion of the alternative ways of dealing with a conveyance of unconsecrated church curtilage.

The Faculty Petition requested authority for a major re-ordering, to include moving the middle section of the rood screen and replacing of all the pews with stacking chairs. Faculty refused for moving the middle section of the rood screen, but Faculty granted for all other works, including the replacement of the pews with chairs. Although there were several objections, and the Society for the Protection of Ancient Buildings and the Victorian Society were parties opponent, the Chancellor was able to determine the matter by written representations.

Various items of reordering were proposed, including the replacement of the pews and pew platforms with high quality pew benches and a new stone floor with under-floor heating. The Victorian Society objected to the removal of the red and black machine made quarry tiles in the central aisle. There were also reservations from consultees regarding whether the ledger memorial stones in the nave floor should remain where they were, as part of the new scheme, or be moved elsewhere. The Chancellor granted a faculty for all the works, including the removal of the Victorian quarry tiles, subject, to the ledger stones remaining in their pre-reordering positions.

Church Bells; proposal to remodel three existing bells and introduce five new bells; melting down Lester & Pack bell, to cast new bells; storage and display of four Catlin bells; existing late fourteenth century tower contains nine bells, eight for ringing and one clock bell; the ringing bells have stood as a set since 1760 and considered to be of moderate significance; Duffield principles (Re St Alkmund, Duffield [2013] Fam 158) and Code of Practice in Conservation and Repair of Bells and Bellframes published by the Council for the Care of Churches considered; existing bells difficult to ring and giving poor sound; proposal would make ringing easier and more tuneful; some harm would be occasioned by the loss of the Lester & Pack bell, but this would be offset by the improvement in the sound of the new set of bells; faculty granted subject to condition that a record, including a sound recording, be made of the existing bells before work commences.

 

A faculty was sought for the disposal of: 4 short free-standing modem oak pews (circa 1967); 3 desks; a portable altar and communion rail;  2 old 'Glastonbury' style sanctuary chairs; a wooden cross; 2 wooden candlesticks; 11 standards and their metal wall fixings. The Diocesan Advisory Committe and the Church Buildings Council both supported the disposals. The Chancellor decided that none of the items was a "church treasure", which would justify him in holding a formal hearing. Faculty granted.

The Rector and Churchwardens sought permission to remove two pews from the front of the nave, to create a larger performance area, and four pews from the back of the nave, to provide a children's area. The proposals had been trialled under an archdeacon's licence for temporary reordering. After the period of the licence expired, the reordering remained in place without lawful authority. The petitioners also wished to replace the pews with chairs with blue upholstery, which had already been purchased. The Chancellor granted a faculty for twelve blue upholstered chairs to replace the front two rows of pews only. He indicated that if a further faculty was sought for more blue upholstered chairs, he would not be minded to grant one unless a more suitable colour was chosen and the existing chairs were reupholstered in the same colour.

Faculty granted for removal of Victorian choir stalls and replacement with light oak, upholstered choir pews, which would have the flexibility to be used for services in the chancel for small congregations.

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