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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

A faculty was sought for the addition of a fully accessible lavatory, for a small kitchen facility and for roof repairs. The proposals were supported by the DAC, the planning authorities, the Victorian Society, the Church Buildings Council, English Heritage and the Ancient Monuments Society, but the Society for the Protection of Ancient Buildings was concerned at the cutting through of the fifteenth century west wall of the north aisle. It considered this intrusion into the fabric of the church to be unnecessary as a level external access was possible from the church to the lavatory. The Chancellor, after considering the questions in Re St. Alkmund Duffield, granted a Faculty for the works, including the internal access to the lavatory.

The proposed re-ordering was to facilitate a project by the diocese to establish a new congregation at the church, in association with Holy Trinity Brompton and its Churches Revitalisation Trust. The works included wheelchair access; the removal of a screen containing a kitchen and lobby; the introduction of a new screen to form a lobby to west door, incorporating a coffee bar and storage; a new external door; two screens under the tower to create a chapel; a screen to create a narthex; and the removal of an existing WC pod. The Chancellor granted a faculty.

A number of improvements were proposed to a 1950s unlisted church, including replacement of the felt roof covering with pre-coated zinc, replacement of windows; and improvements to the entrance to the church. The Twentieth Century Society objected to the proposals, but did not wish to become a party to the proceedings. Faculty granted.

The Petition related to internal re-ordering, including a new disabled toilet, new screens, new furniture, and removal of some pews. Objections from the Victorian Society, the Ancient Monuments Society, the Stafforfdshire Historic Buildings Trust and a regular worshipper at the church related to the replacement of the Victorian main entrance door, which was part of a re-ordering carried out by Gilbert Scott in 1842, and the insertion of new outer doors to the porch. The Deputy Chancellor granted a faculty, subject to (inter alia) a condition that the Gilbert Scott door should be retained in an appropriate place in the church, in view of its historical and architectural significance.

The Parochial Church Council ("PCC") wished to replace the oil-fired boiler with a new oil-fired boiler. The Diocesan Advisory Committee considered that the PCC had not had "due regard" to net zero guidance, as required by the Faculty Jurisdiction Rules 2022. Before their petition had been considered by the court, the PCC arranged the installation of the replacement boiler. The PCC subsequently provided the Deputy Chancellor with information about alternative heating systems, which included a quotation for converting the oil-fired boiler to run on hydrotreated vegetable oil ("HVO") at some stage in the future. The Deputy Chancellor, in view of the PCC's declared aim to decarbonise its heating with the development of an eco-friendly heating system within the next 5 years, granted a faculty, subject to (a) the PCC undertaking accredited carbon offsetting, and (b) the faculty limiting the use of the oil-fired boiler until 2028, when any request for an extension would have to be supported by evidence as to whether there had been compliance with the offsetting condition and whether the boiler had by then been converted to HVO.

In his judgment in Re St. Mary Stalbridge [2024] ECC Sal 1, the Deputy Chancellor granted a confirmatory faculty for the installation of a new oil-fired boiler, subject to conditions, and gave directions as to the provision of further evidence regarding the circumstances in which the boiler was unlawfully installed without the authority of a faculty. After considering further evidence from the petitioners and the heating engineers, the Deputy Chancellor advised the petitioners that in future they must always obtain a faculty (or other authorisation) before they commence any works in the church. He also proposed (after seeking advice from the Diocesan Advisory Committee) to make an order under s.78(3) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, known as an excluded matters order. This would have the effect, for a specified period of time (which he proposed should be two years), of depriving the parish of the benefit of List B authorisations, so that any works falling within List B, which would ordinarily require only the authorisation of the Archdeacon, would, during the specified period, instead require a faculty.

The petitioner wished to erect in the churchyard a memorial to his late wife. The proposed stone was light grey granite, polished on its face. The Parochial Church Council objected to the use of granite. Local churchyard regulations provided for sandstone to be used, to blend in with the sandstone of the Grade I listed church, and in the area used for burials since 1947 the memorials were exclusively of sandstone. The Chancellor refused to grant a faculty for the use of granite. Granite would look out of place amongst the existing sandstone memorials. And to allow granite could upset those already denied the opportunity of having granite, and might generate an expectation that granite could be permitted in future.

The petitioner wished to reserve a singe depth grave space in the churchyard. She was a resident of the parish and on the church electoral roll, and she attended church occasionally. There were an estimated 248 graves available. However, the Parochial Church Council had passed a resolution in 2021 to adopt a policy of not supporting any further grave reservations, except in exceptional circumstances. The Chancellor considered that the reasons given for the policy were reasonable and there were no sufficiently exceptional circumstances to justify the grant of a faculty

The incumbent and Churchwarden sought permission to carry out masonry repairs to the nave south clerestory. The Chancellor said that he would not normally have prepared a judgment for a matter like this, but he had been concerned about comments from the visiting architect. However, he granted a faculty without requiring a consistory court, because there was some urgency, as the Church was on Historic England’s Heritage at Risk Register.

 

Petition for the removal of box pews, installation of new flooring and under-floor heating, WCs, a kitchen, and removal of the font. The whole project was dependent on the removal of the box pews. Faculty granted.

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