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

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The petitioners wished to replace the church’s condemned wall-mounted heaters with a new boiler and wet system with convector heaters. They also sought retrospective permission for the repair of a vandalised stained-glass window in the south aisle. There were two objections in relation to the heating, of which one was subsequently withdrawn. The remaining objection was on several grounds, including: “I can see no reason why the existing heaters cannot be replaced like for like with a more modern model of the heaters in place in the church, especially as the proposed new wet system still relies on gas, a fossil fuel, so is no more sustainable and not carbon neutral.” The Diocesan Advisory Committee took the view that the explanation provided of how, in formulating the proposal, the Church had had due regard to the net zero guidance issued by the Church Buildings Council was adequate. The Deputy Chancellor granted a faculty, subject to information being provided by the end of January 2025 as to how the cost of the heating works would be funded.

There were to petitions. The first related to the construction of a new church hall linked to the south porch; removal of internal draught lobby; external lighting; tree felling, landscaping and signage. The second sought the necessary authorisation for the Petitioners (the Incumbent and Churchwardens) to enter into a contract with the Diocese of Southwark for the transfer of a small piece of land to the south west of the church building which was required for part of the proposed new structure. The Victorian Society objected to the new hall being constructed so close to the Grade II church, but was not a party opponent. The Deputy Chancellor determined that a Faculty should be granted.

An extensive programme of reordering was proposed in order to accommodate all the activities of this very busy church. The Chancellor was satisfied that there was a clear and well-evidenced need for the proposals and that the proposals would result in a low level of harm to the significance of the church. He therefore granted a faculty.

The Chancellor granted a faculty for reordering works, including: removal of some pews and pew platforms from the west end of the church; a new suspended floor with wet trench heating; ; new footings below the new floor, in anticipation of a potential reinstatement of the gallery; introduction of a tea point/servery and storage cupboards; works to plasterwork and glazing; and electrical and drainage works.

In September 2018, the Archdeacon had given a temporary licence for reordering, to allow the removal of two pews (to be retained in safe storage) and the reversal of a third pew, to provide a children's corner on the north side of the church. Three parishioners gave written objections, but did not become parties opponent. Against the background of a forthcoming petition for a general reordering, including removal of the pews, the Chancellor granted a faculty for the temporary arrangement authorised by the Archdeacon to continue until the forthcoming petition was determined. At that point the Chancellor could decide whether the present arrangement should continue or be reversed.

The petitioner, the son of a Ghanaian, sought a faculty to authorise the exhumation of his father's remains, with a view to the remains being reinterred in a grave in his father's home town in Ghana. The deceased, aged 98, had during his lifetime expressed a wish to be buried in his home town. However, he died suddenly from Covid-19 in 2020, and owing to Covid restrictions the family had been advised that expeditious burial in a sealed, zinc-lined coffin was advised, and transfer to Ghana was then impossible. The Chancellor decided that, in the unusual circumstances of this case, the petitioner had demonstrated exceptional circumstances to displace the normal presumption that burial in consecrated ground is final, and she therefore granted a faculty.

The petitioner wished to have the cremated remains of her brother, Colin Berry, exhumed from Clayton Cemetery and reinterred in Queensbury Cemetery, where the Berry family had exclusive burial rights in two adjacent plots. Mr. Berry had died of a gunshot wound during a police raid in 2013. Following his death there had been a lack of communication between Mr. Berry's widow and the Mr. Berry's own relatives. Shortly after the death, Mr. Berry's widow moved away without paying the funeral bill from her husband's estate, and attempts to trace her had failed. The Chancellor found that there were exceptional circumstances in which to authorise exhumation, but the faculty was to be subject to a condition that the area for reinterment in Queensbury Cemetery should first be consecrated (to which Bradford City Council had agreed), before the remains were reinterred there, in order that the Court could maintain jurisdiction in the unlikely event of Mr. Berry's widow subsequently seeking to set aside the Chancellor's decision

The Chancellor granted a faculty to permit the loan to the Chichester Cathedral Treasury of a figure of Christ, believed to have been part of a crucifix made in Limoges in the 13th century. The Chancellor had previously granted an interim faculty allowing the Archdeacon to remove the figure to a place of safety, following the theft of the figure and its subsequent recovery by the Police.

Owing to a mistake by the burial authority, the remains of the petitioner's mother had been interred in a grave reserved for someone else. The petitioner applied for a faculty for exhumation of his mother's remains and their reinterment in the grave where they should have been interred. The Chancellor, following the guidance in Re Blagdon Cemetery [2002] 3 WLR 603, determined that an error in administration in this case amounted to an exceptional circumstance permitting the principal of permanence of Christian burial to be set aside, and he accordingly granted a faculty.

The petitioner wished to have the cremated remains of her father exhumed from the cemetery at Bedworth and have them reinterred with the remains of her mother, already interred in a cemetery in Nuneaton, where three adjoining plots had already been reserved for family interments. The Chancellor determined that this was an appropriate case to allow the removal of remains to a family grave, within  the guidelines laid down in Re Blagdon Cemetery [2002] Fam 299.

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