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

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Faculty granted for the erection of metal railings surmounted by Raptor anti-scaling barrier on the north and west sides of the churchyard, as a security measure to prevent further lead thefts.

The proposals were to replace the pews with metal-framed, upholstered chairs; removal of the clergy stalls; and alterations to floor levels and the heating installation. The Victorian Society indicated that it would not oppose the removal of the pews if appropriate wooden, unupholstered chairs were to be provided by way of replacement. A private objector objected to the removal of the clergy stalls and the pews. The Deputy Commissary General dismissed the petition. He determined that the removal of all of the Victorian pews would adversely affect the character of the Victorian church. He also did not consider that the replacement steel-framed, upholstered chairs would be likely to be an appropriate replacement for the pews in this particular church, if the pews were to be removed.

The works proposed comprised a number of non-contentious repairs and a major reordering. The reordering included the creation of toilet facilities at the north-west porch and the creation of a two-storey 'pod' in the north transept, to accommodate two meeting rooms; an area for children and parents during services; a servery area for refreshments; a space for community use; a small enclosable room for counselling; and two offices for clergy use. Historic England and the Victorian Society had objections and reservations about these items, but did not become parties opponent. The Chancellor was satisfied that it was appropriate to grant a faculty, stating that, "the need for these facilities, and the benefits respectively enuring to them, are sufficient to justify this intrusion on the character and significance of the building as a whole."

There were various re- ordering proposals for the unlisted church. The main objections were to the removal of ten pews and their replacement with folding chairs, and also to safety aspects of the proposed kitchen facilities. The Chancellor was satisfied that the petitioners had made out their case and directed the issue of a faculty.

The petitioners sought to place a tablet in the churchyard to commemorate two interments in the same plot in 2005 and 2007. Tablets had been allowed for a short period in the 1960s, but since then the Parochial Church Council had adhered to a policy of not allowing further tablets, in order to preserve the open grassed appearance of the churchyard. In 2011, a Faculty had been granted to authorise a memorial wall on which plaques could be placed to commemorate those whose cremated remains have been interred in the churchyard since 2010. The incumbent and Churchwardens objected to a further plaque being placed in the churchyard. Whilst of the view that the policy of the PCC was reasonable and should normally be adhered to, the Chancellor felt there were exceptional circumstances in this case, as the plot in question was the only cremation plot without a tablet in a row of plots where tablets had been placed in the 1960s. Accordingly, a Faculty was granted.

Faculty granted for major re-ordering of a Grade 1 listed church. Principles laid down in Re St. Alkmund Duffield [2012] (Court of Arches) considered.

Dr Susan and Carol Dawson petitioned for a faculty to exhume their mother Margaret Dawson’s cremated remains from Holy Trinity Churchyard, Trowbridge, to scatter them at Portchester Crematorium, where other family ashes had been scattered. The ashes had been interred in 1977, and their father—who arranged the burial—died in 2019. The petitioners argued that their mother’s Portsmouth roots, the church’s diminished use, and family connections to Portchester justified the move. Deputy Chancellor Jeremy Rawlings, applying the principles from Re Blagdon Cemetery, held that Christian burial in consecrated ground is presumed permanent and that exhumation requires “special circumstances.” He found none: the 42-year lapse of time, the church’s location, and family wishes did not amount to exceptional reasons. The original interment decision by the deceased’s husband remained valid, and proposed scattering (not reburial) did not meet the threshold for exception. Accordingly, the petition was refused, and the court reaffirmed the presumption of permanence in Christian burial, emphasizing respect for the original resting place.

The proposals included: the replacement of the church pews with chairs; alteration of the dais in the chancel; the baptistry; new heating, lighting and and audio-visual system; redecoration; the building of an extension for offices; and a garden area. English Heritage, the Victorian Society and the Church Buildings Council all had concerns Chancellor determined that the extension was acceptable, and that the pews were of little merit and could be replaced. As regards the font, the Chancellor was satisfied that the batistry was effectively redundant and that the case for moving the font was made. He therefore granted a faculty. The judgment contains an extensive review of the law and practice relating to fonts.

A judgment dealing with a matter outstanding from Re Holy Trinity Wandsworth [2012], namely, the repositioning of the font and the baptistry screen. Re Duffield discussed. Faculty granted.

The petitioners wished to remove the remaining 19 pews in the church nave and replace them with chairs (of the award-winning 'Theo' design) and to modify and restore the floor to create a single level worship space across the main body of the church. The aim was to permit people to participate in a wider range of worship and other church and community activities. The Victorian Society objected to the removal of the pews, but later withdrew their objection. The Chancellor granted a faculty, finding that there was a clear justification for the proposals in order to meet the need for flexibility in the modern use of the church building.

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