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

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The petitioners (the Rector, a Churchwarden and the PCC Secretary) sought a faculty to authorise the removal of three pews from the east end of the nave, two on the south side and one on the north side, in order to provide space for those with wheelchairs, for instrumentalists and singers, for a projector and screen on the south side. and to give more space for those attending wedding couples. The Chancellor determined that the modest harm to the character of the church would be outweighed by the clear and significant public benefit flowing from the proposal.

The Parochial Church Council petitioned for permission to remove all toys, ornaments and other memorabilia and edgings from 67 graves within the churchyard, many of which items had been in the churchyard for a considerable time. The Chancellor considered all written objections, including a claim that to remove such items would be in breach of the law relating to human rights, but decided that the PCC was entirely within its rights in wishing to enforce the Churchyard Regulations, and accordingly a faculty was granted.

This was an appeal from a decision of the Chancellor of the Diocese of Peterborough, who had refused to grant a faculty for the sale of certain items of church silver. The reason for the proposed sale of the "redundant" silver had been to start a fund to meet the cost of building an extension to the church. The Court of Arches dismissed the appeal for the reasons given by the Chancellor in his judgment: the application to sell the silver was premature; there was no immediate financial crisis; planning permission had not yet been obtained (in fact planning permission had been refused two years earlier and no appeal had been made against the decision); there had not yet been any appeal for funds, and so one could not argue that the proceeds of a sale of the silver were vital to the completion of the project.

The Incumbent and Churchwardens sought permission to sell a Georgian silver flagon and matching alms dish dated 1774, a silver chalice and paten dated 1570 and the surviving part of an illuminated medieval missal. The Council for the Care of Churches suggested that the missal should be deposited in the County Records Office. This was agreed, and a faculty was granted in respect of that item. The silver had not been used for over 20 years and the proposed sale was with a view to starting a fund to cover the cost of an extension to the church, the cost of which would be in th region of £300,000. The Chancellor refused to grant a faculty for the sale. Church silver should only be sold as a last resort. The application to sell the silver was premature. There was no immediate financial crisis. Planning permission had not yet been obtained. In fact planning permission had been refused two years earlier and no appeal had been made against the decision. There had not yet been any appeal for funds, and so one could not argue that the proceeds of a sale of the silver were vital to the completion of the project.

The works proposed included the conversion of an existing kitchen at the east of the north aisle to a new WC, with with disabled access and baby-changing facilities, and the creation of a new kitchen 'pod' in the north east corner of the north aisle. The Chancellor determined that the proposals would cause only moderate harm to the appearance of the Grade I listed church, which would be outweighed by the benefits of the new facilities. He therefore granted a faculty.

The church had been declared redundant in 2001 and in 2004 a lease for 99 years had been granted to a charity. The charity applied for a faculty to lay a foul drain through the  churchyard to take the waste from a disabled toilet which was to be installed in the church, to serve the needs of people attending the church for community events. A party opponent objected on the grounds that there was little need for community events in the church, that  the funds needed for the project could be better spent elsewhere, and that the village sewerage system was already stretched to the limit. The petitioners argued that, as the church had been used only twelve times in the previous year, the toilet usage would not overload the sewerage system. The Chancellor noted that the local authority had approved the proposal, and was therefore presumed not to be concerned about the laying of an additional drain in the village. Also, it was believed that there were no burials in the churchyard which would be affected by the laying of the drain. The Chancellor therefore granted a faculty.

The petitioners wished to erect a memorial on the grave of two family members. The Incumbent, churchwardens and PCC did not support the application. The Chancellor granted a faculty. The judgment includes a discussion of two subsidiary issues: (1) do the petitioners need to show some exceptional reason for the proposed memorial; and (2) is it open to the Diocesan Advisory Committee to change the advice it proffers to the parties and to the Chancellor and, if so, in what circumstances?

The priest in charge and churchwardens petitioned for a faculty to permit reordering works, including the provision of kitchen servery and toilet facilities, a renewed heating system and the removal of some pews to create a more flexible space in the church, in order to advance the church's worship and mission. Notwithstanding concerns of the Victorian Society and the Society for the Protection of Ancient Buildings, the Chancellor determined to grant a faculty, being satisfied that any harm to the significance of the church was likely to be outweighed by the public benefits to be generated as a result of the proposals.

The Chancellor granted a faculty allowing a blue plaque to be placed on the outside of the church to commemorate Gordon Welchman, who had played a significant role in code-breaking at Bletchley Park during the Second World War, and whose father had been Vicar of the Parish.

A faculty was sought to allow an extension to the existing churchyard path, in order to facilitate access to an existing wooden bench in wet weather when the ground becomes very wet. There was one objection. The Deputy Chancellor granted a faculty.

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