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

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Proposed redevelopment of undercroft to provide community room with supporting facilities; insertion of a lift and stairs between levels, reordering nave to restore original eighteenth century design, reinstatement of original paint scheme to chancel and ceiling; shortening of pews to facilitate usage of the area with insertion of a tea point at the west end; provision of step-free access to nave and undercroft levels including new ramps and terrace; Re St Alkmund, Duffield [2013] Fam 158 principles considered; Grade 1 listed building; extensive consultations, including CBC, HE, Georgian Group (GG), Victorian Society (VS) and local community; no formal objections; some harm arising from undercroft proposals but not serious when set against prospective benefits; air source heat pump system; reinstatement of C18th design and décor; VS concerns as to loss of ‘Withers’ floor considered, but alteration to ‘Gibbs’ design approved; visual impact of external ramps considered, comments of HE, GG and CBC considered; ramps considered to offer accessibility benefits outweighing prospective harm; Faculty granted subject to conditions requiring review and approval by DAC of detailed matters and proof of financial viability; regard to be had to NCZ and planning conditions.

A substantial internal reordering was proposed for a Grade II* listed church, as well as extensive external works. There were objections from the Victorian Society and several individuals, none of whom sought to be parties opponent. The principal objection of all the objectors was to the removal of the pews (to be replaced with upholstered chairs). The pews were installed in 1952, to replace the former pews destroyed by bomb damage to the church during the Second World War. The Chancellor was "satisfied that the benefits that are potentially available significantly outweigh [the] detriment and that the interests of this church in terms of its remaining a living entity for generations to come requires change rather than no change." Faculty granted.

The incumbent applied for a Faculty to authorise him to enter into a deed of release of rights to light on two sides of a church, in order to allow a developer to carry out development on adjoining land, 'subject to "the Church" being paid £20,000'. The Chancellor decided that an Incumbent had no power to grant a legal easement, and therefore no power to enter into a deed of release of an easement. However, the Chancellor said that the matter could be dealt with by "the incumbent licensing the construction on land adjoining the church of a building which will obstruct the light to the church".

The proposed reordering included re-plastering and redecoration; reordering of the west end of the nave by the creation of an enclosed, separately heated, community area and associated kitchen facilities; re-location of the font; relocation of a memorial; removal of the rear row of nave pews; and the addition of glass doors at the main entrance of the Church. The most controversial element was the proposed new meeting room at the west end of the church. The Victorian Society maintained that it would not harmonise with the rest of the church building. However, the Deputy Chancellor determined that the petitioners had made a clear and convincing justification for the proposed works. He accordingly granted a faculty.

The contentious items of a major proposed reordering were: remodelling of the porch; replacement of the pews with upholstered chairs; a dais and ramp; relocation of the font; and removal of the stalls in the chancel. In fact some of the pews had been sold and removed before the petition came before the Chancellor, who directed that steps be taken to recover the pew benches until he had made a decision. However, having considered the evidence at a hearing, the Chancellor was satisfied that a case had been made for the changes, and he granted a faculty, provided that the type of replacement chair and the disposal of the chancel stalls should be reserved matters, not to be proceeded with in advance of further advice from the DAC and approval of the court.

The petition comprised two proposals for the Grade II Victorian church: firstly, "a relatively modest re-ordering of the north aisle and related works" and, secondly, the formation of a car park. There was one objector, who chose not to become a party opponent. Applying the approach of the Court of Arches in Re St Alkmund Duffield [2013] Fam 158, the Chancellor was satisfied that the works, if implemented, would not result in harm to the significance of the church as a building of special architectural or historic interest.

Proposals for reordering related principally to the south aisle of the church, which is wider than the nave. The church has a Grade I listing, and is described as "heavily pewed". The main proposal was to remove the pews from the south aisle and replace them with stackable, chrome-framed, upholstered chairs, in order to provide greater and more flexible use of the south aisle, the church not having a church hall. The Chancellor was satisfied that the benefits to the church of replacing the pews outweighed any harm caused by their, and therefore granted a faculty for the replacement of the pews. However, he did not grant permission for chrome-framed chairs, but approved stackable Howe 40/4 chairs in oak frames, which had been considered as an alternative, but were more expensive. Appended to the judgment are further directions regarding the approval of Theo oak stacking chairs made by Chorus.

The Court refused to grant leave to appeal in respect of the judgment of the Chancellor of the Diocese of Chester, dated 4 August 2015, when the Chancellor refused to grant a faculty giving the petitioner the right to have her ashes interred in the grave of her late partner, the wife and two daughters of the deceased partner having objected to the grant of a faculty.

The Chancellor refused to grant a faculty giving the petitioner the right to have her ashes interred in the grave of the late partner she had been living with for 2-3 years. The wife and two daughters of the deceased partner had objected.

The Deputy Chancellor refused to grant a faculty for a memorial which was outside the diocesan churchyards regulations in a number of aspects, including: the design in the shape of a double heart; the stone wider than the maximum permitted under the regulations; polished blue granite; a green and white floral motif.

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