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

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The Chancellor refused to grant a faculty for the demolition of the church on grounds of health and safety, as it might be possible to secure the safety of the church by remedial measures.

The petitioner, on behalf of herself and her six siblings, sought a faculty to authorise the exhumation of her brother's cremated remains from their parents' grave and reinterment in a nearby new grave. The deceased's daughter, believing it had been her father's wish to be interred with his parents, had arranged the interment without consulting the deceased's siblings, who only learned about the interment after it had taken place. It caused them great distress that there had been another interment in their parents' grave. The Chancellor was satisfied that there were exceptional circumstances to justify exhumation, as the grave had "become a focus of disquiet and grievance amongst the family members with a real degree of distress to some."

The petitioner applied for a faculty to reserve a grave in the churchyard for his father, who had lived in the parish for many years. The parish policy was that applications from residents would automatically be supported. In July 2024, there were approximately 100 graves spaces available for an average of 5.8 burials per year. The Deputy Chancellor granted a faculty, but limited it to a period of 15 years, with permission for the petitioner to apply for an extension of the period within 6 months of its expiry.

The petitioners, a couple aged 77 and 76 and resident in the parish, wished to reserve a grave space in the churchyard for 50 years. The parish policy was that applications from residents would automatically be supported. In July 2024, there were approximately 100 graves spaces available for an average of 5.8 burials per year. The Deputy Chancellor granted a faculty.

The Vicar General & Chancellor granted a faculty for a memorial with a curved top and eccentric scalloped sides. Although the design was outside the churchyards regulations, he considered that the design was both tasteful and appropriate.

The petitioners sought approval for the erection of a memorial to an autistic child who had died in a therapeutic hot tub. The proposed memorial comprised an upright stone, including colours associated with the Autism Society, and kerb stones. The Vicar General granted a faculty: ". The grave is surrounded by a number of others in a distinct section of the graveyard at St. Paul’s Foxdale, many of which already have kerbs . . . I accept that there is a compelling reason for authorising the inclusion of colours referring to the Autism Society."

Reordering proposals included: a glazed entrance lobby; a welcome area; a room for a crèche during services; a meeting room; a kitchen; and toilets. The works involved moving the rood screen and the font. The main area of contention was the moving of the rood screen, which was a war memorial. The Chancellor granted a faculty.

Following a major extension and radical reordering of the church in 1973, a “bold stainless steel font … surmounted by a dove” was introduced into the church. The nineteenth century font was placed outside the church and used as a plant holder. In recent years its condition had seriously deteriorated and in 2022 it had been brought back into the church and its parts had been stored on wooden pallets behind a pew. Having considered various options for the font, the petitioners had decided that burial of the font in the churchyard was the best option. The Church Building Council, Historic England and the Victorian Society did not support the proposal. The Chancellor considered that the redesigned interior of the church had made the retention of the older font no longer practical or desirable, and after considering all other options she concluded that there was no viable alternative other than to allow the burial of the font in the churchyard.

The proposals included the removal of two pews from the west end of the Grade II church and four from the north aisle, and the reduction in width of a further pew. The reasons for the proposals were to create: (a) a more useable space for a growing number of young families; (b) an area where some of the congregation can sit and enjoy refreshments after a service; (c) an area close to the main entrance which can accommodate noticeboards on which to communicate information; and (d) an area where a wheelchair can be positioned which is not at the rear of the church. Faculty granted.

The church, formerly a church hall built in 1898, became a parish church after the original church was demolished in about 1992. The proposal was to convert the existing gentlemen’s toilet block, to the north of the altar, into an office and to rebuild the ladies’ toilets, on the south side of the altar and adjoining a private house, as four unisex toilets, including one with wheelchair access. The neighbours at the adjoining house wrote a letter of objection, their main objection being noise disturbance. The Chancellor granted a faculty, but imposed a condition that the petitioners should reverse the locations of the ladies’ toilets and the new office, if possible, but, if this was not practicable, they should use their reasonable endeavours to introduce acoustic insulation to the party wall between the church building and the objectors’ home.