Appeals

Display:

The Dean of Arches refused the Victorian Society leave to appeal against the decision of the Chancellor of the Diocese to allow the replacement of the Abbey's nave pews with chairs.

Decision on costs in respect of the Re Bath Abbey [2018] EACC 1.

The Dean of Arches granted leave to appeal against the decision of the Deputy Chancellor in Re Cheshunt Cemetery (No. 2) [2018] ECC StA 2 not to allow the exhumation of the cremated remains of the petitioners' baby son. Leave was granted on two grounds: (a) the Deputy Chancellor was wrong ... to categorise the Appellants’ case as “one of change of mind rather than a (potentially operative) type of mistake ... namely a lack of understanding as to the significance of interment in consecrated ground”; and (b) the Deputy Chancellor thereby failed to consider whether this mistake was capable of constituting exceptional circumstances within the law as laid down in Re Blagdon Cemetery [2002] Fam. 299 and/or to explain why this was not so.

There had been a faculty application to authorise the installation of telecommunications equipment at the church and the completion of a licence agreement between the Parochial Church Council and the telecommunications operator. The Chancellor had refused to grant a faculty. The petitioners appealed. The appeal was allowed. The court found that the Chancellor had unnecessarily given weight to the church's primary responsibility being mission, an argument which had not been put forward by the objectors, and had not given sufficient weight to the evidence in favour of the proposals, particularly that the Government had issued guidelines to planning authorities that planning consent should not be refused for telecommunications equipment on the grounds of arguments as to danger to human health, if installations complied with international guidelines.

In 2009, the Chancellor of the Diocese of Lichfield refused to grant a faculty for the introduction a raised area at the east end of the nave and the moving of four pews from the south aisle to the north aisle to allow space for a ramp to the raised area. The appeal was allowed.

Appeal allowed against the refusal by the Chancellor of the Diocese to grant a Faculty to authorise the relocation of the chancel screen.

An appeal by the Victorian Society against the decision of the Chancellor of the Diocese of Rochester to allow the removal from the church of a Victorian eight bay screen by Bodley & Garner and its reinstallation in a church in Leicestershire, which would necessitate the reduction of the screen by two bays. Appeal dismissed.

The Dean of Arches granted to the Victoria Society leave to appeal on restricted grounds in respect of a judgment by the Chancellor of the Diocese of Peterborough relating to reordering proposals for the church of St. Botolph Longthorpe.

In Re St. James Kidbrooke [2016] ECC 16 the Chancellor of the Diocese of Southwark granted a faculty to permit the installation of twelve antennae and two dishes behind GRP replacement louvres in the tower of the church and gave authority for the Rector to enter a licence agreement for a term of 20 years with the telecommunications company. The sole party opponent applied to the Court of Arches for leave to appeal on six grounds. The Dean of Arches refused to grant leave to appeal.

This is a decision on costs given by the Dean of Arches in respect of his refusal to grant leave to appeal (Re St. James Kidbrooke [2017] EACC 1).