Judgments Recently Received

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Re St. Mary Wootton [2020] ECC Oxf 5

The petitioner's father had been buried in the churchyard in 1982. In 1983, the petitioner's mother obtained a faculty reserving the grave next to her husband, as the stony nature of the ground had not permitted the digging of a double depth grave for the two of them. When the petitioner's mother died in 2015, it was found that another burial had encroached on the reserved grave, so that it was not possible for the petitioner's mother to be buried in the grave she had reserved. Her body was buried in a nearby grave. The petitioner, after some delay, applied for a faculty to authorise the exhumation of his father's body and for it to be reinterred in a grave next to that of the petitioner's mother. The Chancellor was satisfied that a mistake had been made and, notwithstanding the delay by the petitioner in presenting a petition, the Chancellor granted a faculty for the exhumation and reinterment.

Re St. Mary the Virgin North Aston [2020] ECC Oxf 3

The proposal was to replace a clear glass window in the south chapel of the church with a new, stained glass window of contemporary design (but incorporating two small original late medieval glass eagles). There was one party opponent, though several parishioners, including members of the Parochial Church Council, expressed their objections to the proposed design. The Chancellor refused to grant a faculty. He was not satisfied that a convincing case had been made for the particular design in the particular location, such as to overcome the normal presumption against change. He was also concerned that the design of the window, if introduced, would be resented by a significant minority of the worshipping community.

Re St. Mary Bampton Proper [2020] ECC Oxf 6

Part way through a restoration program for the church organ (which was authorised by faculty in 2015), the organ builder had died and the dismantled organ had been moved to another organ builder for storage. The petitioners now wished to continue the restoration work and to return the organ in its previous position against the east wall of the south transept, with the addition of some digital stops, to improve the projection of musical sound into the nave. The British Institute of Organ Studies and the Church Buildings Council objected to the addition of digital stops to the early 19th century organ. However, the Chancellor was satisfied that the petitioners had made a good case for the proposed restoration and improvement works and he granted a faculty.

Re St. Andrew Cubley [2020] ECC Der 2

The body of a woman was buried in the grave of her brother. The brother's widow and son were not consulted by the woman's sons or the funeral director or the parish priest. Upon discovering what had happened, the son applied for a faculty for exhumation, as he felt that he and his mother should have been consulted and he would have objected to the interment in his father's grave, had he known about it. The Chancellor took the view that the woman's sons had kept quiet about the existence of the son and widow, in order to have their mother buried in an existing grave in Cubley, where she did not have a legal right to be buried. However, the Chancellor refused to grant a faculty for exhumation. Although it was regrettable that the petitioner and his mother had not been consulted, the petitioner had "not established any basis sufficient in law based on any property right analogous to a reservation, or otherwise, to support his petition for exhumation".

Re St. Michael Tilehurst [2020] ECC Oxf 2

The Chancellor granted a faculty for the exhumation of the mortal remains of the baby son of one of the petitioners and reinterment in Ireland. The baby had lived less than three months. The family had lived in Ireland for 20 years and had a double grave plot reserved in their local churchyard, which could accommodate six burials. The father was suffering from terminal cancer and wished to be buried with his child in the family plot. For this and other reasons, the Chancellor found that there were exceptional circumstances to justify the grant of a faculty.

Re Holy Trinity Bledlow [2020] ECC Oxf 4

The 7th Baron Lord Carrington wished to introduce into the church, at the west end of the nave, two heraldic banners which had belonged to his late father, the 6th Baron Carrington. One banner was the late Lord Carrington’s banner as a Knight Commander of the Most Distinguished Order of St. Michael and St. George (KCMG), and the other was his banner as a Knight Companion of the Most Noble Order of the Garter (KG). As the late Lord Carrington had had a distinguished political career and made an outstanding contribution to the life of the nation, had lived in the village and was a patron of the church, the Chancellor decided that there were sufficiently good reasons to overcome the ordinary presumption against change to a church building and he therefore granted a faculty.

Re St. Paul Addlestone [2020] ECC Gui 1

The Parochial Church Council wished to install solar panels on the roof of the unlisted Victorian church in order to reduce its energy bills. The Deputy Chancellor was satisfied that "the visual impact of the solar panels will be relatively modest and can be accommodated without serious impact on the heritage value of the building", and he granted a faculty.

Re St. John the Baptist Capel [2020] ECC Gui 2

A parishioner objected to a proposal to introduce a new lighting scheme into the 13th century Grade II* church, but he chose not to become a party opponent. The Chancellor considered the parishioner's eight grounds of objection and considered that none of them provided a reason for refusing the grant of a faculty.

Re All Saints Northallerton [2020] ECC Yor 1

There were two petitioners covering: removal of the pulpit (to improve sight-lines to an altar under the tower, between the nave and the chancel); replacing the gas boiler; underfloor heating in the nave; and electric heating in the chancel. There were two letters of objection to the removal of the pulpit. The Chancellor was satisfied that the petitioners had made a good case for all the works and granted a faculty.

Re St. Chad Pattingham [2020] ECC Lic 4

The proposals were to introduce a votive candle stand and to replace nine pews with Alpha A1LSE chairs with upholstered seats and backs. The Diocesan Advisory Committee ("DAC") did not recommend the proposed chairs. Reservations were also expressed by Historic England, the Victorian Society, and the Ancient Monuments Society. The Chancellor's view was that "the introduction of the proposed chairs would strike a discordant note by way of the presence of large and readily visible areas of coloured fabric." He directed that a faculty should issue for the votive stand, and that a faculty should also issue for the replacement of the pews with such chairs having upholstered seats but unupholstered backs as would be deemed appropriate by the DAC.

Re St. Thomas a Becket Lovington [2020] ECC B&W 1

The subject-matter of the petition was a piece of unconsecrated churchyard between the original churchyard and an adjacent lane. The proposal was to grant a 999 year lease of a strip of the unconsecrated land to the neighbour whose house lay at the end of the lane, which was of tapering width, in order to give the lane uniform width, to allow better access for cars and larger vehicles. There were objections from members of the family who owned the land on the opposite side of the lane. The Chancellor determined that the terms of the proposed lease would benefit both the neighbour and the church, and he granted a faculty. The judgment contains a discussion of the court's jurisdiction to permit the disposal of unconsecrated churchyard land.

Re Saffron Hill Cemetery [2020] ECC Lei 1

The petitioner was acting on behalf of an elderly and infirm gentleman in Ireland, a Mr. Cunningham, who wished to have the remains of his mother exhumed and reinterred in the Roman Catholic churchyard in Ireland next to the place where he was proposing to be interred. Mr. Cunningham's mother was unmarried when she gave birth to Mr. Cunningham, her only child. The stigma of an unmarried young woman having a child had caused the family to send Mr. Cunningham's mother away to England and to arrange for Mr. Cunningham to be adopted. After his adoptive parents had died, Mr. Cunningham attempted to trace his birth mother and in about 2016 found that she was buried in Leicestershire. The Chancellor considered that there were special circumstances justifying him in granting a faculty, subject to there being no objection from Mr. Cunningham's mother's brother, if still alive.

Re The Ascension Blackheath [2020] ECC Swk 3

Extensive reordering works were proposed. The controversial aspects of the proposals were the removal of the pews, their replacement with chairs, and the installation of a new timber floor. The Chancellor was satisfied that the public benefit to be derived from the works would outweigh any harm to the interior of the church and he therefore granted a faculty.

Re St. Dionysius Market Harborough [2020] ECC Lei 3

The faculty petition proposed an extensive reordering to provide: more space in the nave, aisles and chancel with moveable seating; a team administration office; an enclosed meeting space; a new kitchen, refreshment point and toilets; a welcoming entrance, and improved audiovisual systems, Wi-Fi, heating and lighting. All the consultees agreed a specification which all parties could live with. The Chancellor granted a faculty

Re St. Michael & All Angels Fenny Drayton [2020] ECC Lei 2

The petitioner applied for a a confirmatory faculty permitting the continued presence in the churchyard of a memorial made of white marble 55 centimetres high in the shape of a cross, with some heart motifs and a brass plaque on it. The memorial did not comply with the churchyard regulations. Neither the Diocesan Advisory Committee nor the Parochial Church Council approved of the memorial. The Chancellor dismissed the petition and directed that the stone should be removed by the petitioner within 2 months, in default of which the stone should be removed by the incumbent and churchwardens. However, the Chancellor gave the petitioner 14 days in which to apply in writing with reasons why the order should not be enforced and that the dismissal of the petition should remain on hold in the meantim

Re St. Mary Haddiscoe [2020] ECC Nor 1

The petitioners wished to fell a holly tree in the churchyard, because the roots were damaging a table-top tomb dated 1791. They also wished to fell a failing ash tree and to reduce the crowns of two further holly trees encroaching on graves. A report by experts said that either the tomb or the holly tree next to it should be removed. There were living descendants of those commemorated by the tomb who did not want the tomb disturbed. The Chancellor decided that the preservation of the tomb in situ was more important than the preservation of the holly tree. He also agreed to the removal of the ash tree. As regards the remaining two holly trees, the Chancellor required to petitioners to take expert advice about more modest proposals for pruning the two trees.

Re St. Mary Oxted [2020] ECC Swk 2

The petitioners wished to install glass doors in a wooden frame to the outer archway of the church porch. The Diocesan Advisory Committee supported the proposal. Of the amenity societies notified of the proposal, only the Society for the Protection of Ancient Buildings objected. The Chancellor was satisfied that a convincing case had been made for the proposal and that public benefit would outweigh any harm. He therefore granted a facult

Re St. Michael & All Angels Blaisdon [2020] ECC Glo 3

The petitioner, a parishioner, whose parents and grandparents were buried in the churchyard, wished to reserve a grave space for herself and her partner. The Parochial Church Council, a few days before the date of the petition, had, without giving notice to parishioners, decided to adopt a policy of no grave reservations, even though there was said to be enough room in the churchyard for burials for the next 50 years. The Chancellor was satisfied that the petitioner had made a good case for the reservation of a grave and granted a faculty.

Re St. Thomas of Canterbury Tangley [2020] ECC Win 3

The petitioners wished to carry out some reordering works inside and outside the church, so that the church could be used for retreats and quiet days. The main item at issue was a proposed platform to be erected in a piece of woodland at the end of the churchyard. (The woodland had formerly been glebe, but had been added to the churchyard some years previously.) The petitioners proposed to use the platform as a base for a temporary structure, such as a tent or a gazebo, whilst conducting retreats. The Chancellor refused to allow the platform, but granted a faculty for all the other items in the petitio

Re St. Laurence Alvechurch [2020] ECC Wor 1

The petitioner wished to place a memorial on her mother's grave. The parish priest declined to authorise the proposed memorial, as it did not fall within the scope of the Diocesan Guidelines. The design resembled a scroll, between two hand-carved angels, above a plinth resting on a base. The central “scroll” and the plinth and base were in Rustenburg dark grey granite, and the two angels in a paler stone. The Chancellor considered that carvings of angels in full relief would not be appropriate to the setting, but he would not object to carvings of angels in low relief on the memorial stone. On that basis he granted a faculty for a memorial, subject to the final design being approved by the Diocesan Advisory Committee or, in default of such approval, by the court.

Re St. John the Evangelist Cononley with Bradley [2020] ECC Lee 1

A faculty had been granted in 2016 to authorise extensive reordering works in the church. The faculty had authorised (inter alia) solid wood Rosehill chairs. The petitioners now wished, after the extended period for completion of the works had elapsed, to introduce Alpha chairs with wooden backs and upholstered seats. The Chancellor refused to grant such variation to the faculty granted in 2016, so as now to allow part-upholstered chairs, but indicated that he would be prepared to consider a further application for variation in respect of one of the alternative solid wood chairs suggested by the church's inspecting architect prior to the 2016 faculty.

Re St. James Brownhills [2020] ECC Lic 3

The petitioner wished to reserve a triple-depth grave for himself, his brother and his sister. The Parochial Church Council("the PCC") was opposed to the reservation of the grave, as it had maintained a policy of not supporting the reservation of gravespaces for at least forty years. The Chancellor found that there were exceptional reasons to allow the grant of a faculty: (1) the grave would be for three family members; (2) the graveyard already contained the graves of a number of members of the petitioner’s family; (3) there were concerns (undisclosed in the judgment) which were personal to the petitioner. The Chancellor also noted that, notwithstanding the policy of the PCC, members of the PCC were sympathetic to the petitioner's request.

Re St. Philip & St. James Up Hatherley [2020] ECC Glo 2

The petitioner sought a faculty to authorise the exhumation of the cremated remains of his wife from the churchyard at Up Hatherley, in order that the remains might be reinterred in Australia, where the couple had lived since emigrating there in 1980 and had brought up their family. Following his wife's death, the petitioner, against the wishes of his family, including his wife (an atheist), who had made it known to the rest of her family that she had no wish to be buried in a Christian churchyard in England, arranged to have his wife's ashes interred in the churchyard at Up Hatherley. After recovering from an illness after the interment in England, the petitioner realised that he had made a mistake in having his wife's ashes interred in an English churchyard against her wishes and wished to have her ashes moved to Australia. The Deputy Chancellor decided that the mistake constituted an exceptional ground for allowing exhumation.

Re St. Mary Chithurst [2020] ECC Chi 1

The Parish Council, which was responsible for the maintenance of the closed churchyard at Chithurst, wished to fell an ash tree, which was suffering from ash die-back, on the grounds that the disease might cause the tree to become dangerous within the next few years and cause damage to the church or passers-by. The proposal was opposed by two neighbours. The Chancellor was satisfied that the petitioners had made a good case for the felling of the tree and granted a faculty.

Re Benton Cemetery [2019] ECC New 1

It had been the wish of George Nicholson to be buried in the grave of his father, who had died in 1945 and was buried in the War Graves section of Benton Cemetery. When George Nicholson died in 2018, his ashes were placed in the grave marked by his father's memorial. In 2019, when George Nicholson's sister died, and it was proposed to inter her ashes in her father's grave, it was discovered that in 2006 the Commonwealth War Graves Commission had removed the memorial of George Nicholson's father and also the adjacent memorial for restoration work and the two memorials had been replaced the wrong way round, so that George Nicholson's ashes had been placed in the grave next to his father's. The burial authority applied for a facullty to rectify the situation by the exhumation of George Nicholson's ashes from the neighbouring grave, so that they could be interred in his father's grave. The Deputy Chancellor determined that there were exceptional circumstances to justify the grant of a faculty for exhumation and reinterment.

Re St. John the Evangelist Manthorpe [2019] ECC Lin 5

This judgment deals with two outstanding matters following the judgment in Re St. John the Evangelist Manthorpe [2019] ECC Lin 4, namely, dismantling of the pulpit and repositioning of the chancel pews. The reason for the repositioning of the chancel pews follows on from the altar rail being moved westwards to allow more ease in administering communion. The Chancellor approved the proposal. However, he did not give permission for the 're-imagining' of the pulpit into two separate tiems, but suggested that the petitioners should take advice about moving the pulpit within the church.

Re St. John Washborough [2019] ECC Lin 6

The petitioners' parents had intended to be buried in the same grave. The Petitioners' mother died in 2008 and was buried in the chosen grave. When the petitioners' father died in 2019, it was discovered a few days before the funeral that the grave of their mother had not been dug sufficiently deep to accommodate a second burial, and so, as a 'temporary measure', the father was buried in another part of the churchyard. The petitioners sought a faculty to authorise the exhumation of their mother's body, so that the grave could be dug deeper to accommodate the burial of their father's body. The Chancellor accepted that a mistake had been made in that the instructions to dig a double depth grave in 2008 had not been followed, and he granted a faculty for the double exhumation and reinterment, conditional upon it being possible to dig the mother's grave deeper, failing which the mother's remains could be exhumed and reinterred in her husband's grave.

Re St. Mary the Virgin West Butterwick [2019] ECC lin 7

The proposal was to repair a 19th century stained glass window in the north wall of the nave and install a window guard. The Church Buildings Council raised an issue about two figurative panels in the window, which they thought might be pre-Victorian. The Chancellor was satisfied from the evidence that all the glass in the window was Victorian, and he granted a faculty.

Re St. Michael Glentworth [2019] ECC Lin 8

The petitioners sought permission to install an automatic winding mechanism and automatic regulation in the tower clock of the Grade II* church. Following a risk assessment, manual winding had been suspended in the interests of safety until a safer option could be found. The author of the risk assessment felt that the winding could be made reasonably safe at a much cheaper cost than automatic winding. Two other parishioners felt that manual winding could be made safe, but the Parochial Church Council were unanimous about automatic winding. The Chancellor granted a faculty. He was satisfied that "The automatic winding mechanism is a reasonable response to the risks which have been identified, and it is for the PCC to decide what sums they wish to spend on meeting those risks ..."

Re St. Helen Boultham [2019] ECC Lin

The petitioner's late daughter had died in a road traffic in 1966, aged just 16 months. She was buried in an unmarked grave. The petitioner and his late wife had always wanted to be buried with their daughter, but the churchyard at Boultham had been closed for burials since their daughter's death, so that the petitioner's wife had been buried in Newport Cemetery in Lincoln. The petitioner wished to exhume his daughter's remains and inter them in a grave reserved near to her mother's grave. The Chancellor was not satisfied that with the passage of time it would now be possible to recover any remains of such a small child buried 53 years previously, and he declined to grant a faculty.

Re St. Denys Aswarby [2019] ECC Lin 10

The Petitioner's grandparents were buried in a grave which has a double width headstone and a double kerb surround. Over time, the remains of the petitioner's late husband, her sister and her parents had been interred in the double grave. The petitioner now wished to carry out some renovation of the grave and place three grey granite tablets within the kerbs, with inscriptions recording the names of those interred since the petitioner's grandparents were interred. The Chancellor granted a faculty subject to a condition that there should be consistency in the format of the dates of death.

Re All Saints Marcham [2020] ECC Oxf 1

The Chancellor granted a faculty to authorise the removal of a large yew tree growing close to the south wall of the nave of the church.

Re St. Peter & St. Paul Coleshill [2020] ECC Bir 1

The reordering works approved by a faculty granted in 2015 had not been completed within the time allowed. A new petition was presented, requesting authority to carry out the remaining items of work. Historic England and the Society for the Protection of Ancient Buildings had concerns about certain aspects of the proposals (including the pews, the heating system, raising the floors, carpeting, the screens and the glazing). However, the Chancellor was satisfied that a case had been made for the proposals and granted a faculty.

Re St. Mary Canwell [2020] ECC Lic 2

The Chancellor refused to permit a memorial bearing the masonic symbol of a square and compasses, because he considered that "wording or symbols which give rise to a real risk of offence or upset to a significant body of those visiting the churchyard will not be permitted."

Re St. John the Baptist Ruardean [2020] ECC Glo 1

The petition proposed various landscaping works in the churchyard, relating to the addition of a churchyard extension. There was a single objection to the removal of a line of fir trees. The Deputy Chancellor granted a faculty for all the proposed works.

Re Holy Trinity Mapperley [2020] ECC Der 1

The petitioners wished to remove permanently from the 1960s church the original pulpit, which had not been used for 20 years. Three individuals objected to the proposal, but the Chancellor determined that the pulpit 'does little, if anything, for the look of the interior, and it is not an item of intrinsic worth or merit.' He accordingly granted a faculty.

Re St. Michael & All Angels Blackheath Park [2020] ECC Swk 1

The Chancellor granted a faculty to permit the installation of external floodlighting. The judgment contains a discussion of the effect of floodlighting on the carbon footprint of the church.

Re Holy Trinity Christchurch [2020] ECC Win 2

The proposal was to remove the last three remaining rows of 20th century pews from the nave of the Grade I church, to 'facilitate flexible use of the nave for worship and missional events'. The Chancellor was satisfied that the benefits of removal far outweighed any disadvantages and he accordingly granted a faculty.

Re St. Francis of Assisi Bournemouth [2020] ECC Win 1

The proposal was to install an audio-visual system in the church, to include a number of retractable screens and a camera. There were three letters of objection, stating that the screens would be detrimental to the character of the Grade II 20th century church; there was no need for permanent screens; the financial cost was not justified; and there were concerns about privacy and data protection. The Chancellor was satisfied that there was a genuine need for the screens and that what was proposed was the best option. He therefore granted a faculty.

Re St. Nicholas Haxey [2019] ECC Lin 3

The petitioners wished to increase the number of bells in the tower from 6 to 10, or alternatively to 8. The original 6 are heavy, precluding most women and young people from ringing them. For a number of reasons, the Chancellor had reservations about the proposals and refused to grant a faculty as sought, suggesting that the petitioners should seek a revised scheme and revised quotation from the bell-founders.

Re St. Leonard Alton [2019] ECC Lic 10

The petitioner wished to place a memorial on the grave of his late wife. The Diocesan Advisory Committee did not approve of the design, a bronze plaque on a rough-hewn, wedge-shaped, local stone, as not befitting the setting. It also considered the inscription (which included a verse by Byron) too lengthy and over-personal. The Chancellor saw no reason to disallow the design of the memorial, but was concerned about the inscription. He determined to grant a faculty, subject to the Petitioner agreeing a suggested alternative inscription set out in the judgment, omitting the proposed verse or including an alternative verse from Holy Scripture or classical Christian poetry or hymnody.

Re St. Bartholomew Tong [2019] ECC Lic 9

The priest in charge and churchwardens wished to introduce oak screening and cupboards at the east end of the north aisle of the church, to provide a storage area for chairs and other items. There was one letter of objection, the objection being that if the storage area was constructed at the east end of the church, it would preclude the proposed installation in that area of a proposed toilet and kitchen facility. The petitioners' considered response was that the west end was the better option for that. The Chancellor was satisfied that a good case had been made for the proposal and granted a faculty.

Re St. John the Baptist Ashley [2020] ECC Lic 1

The petitioner, a non-parishioner, wished to reserve a grave space in the churchyard for herself and her partner, next to the plot in which her father was buried. The Chancellor refused to grant a faculty. There were only 50 available spaces, and burials averaged 7 a year. The petitioner, aged 31, was unlikely to die before the remaining spaces were required within about 7 years' time by those legally entitled to be buried in the churchyard, and so a reservation would prevent parishioners being buried in the remaining spaces.

Re All Saints Barrowby [2019] ECC Lin 1

The ashes of the father of the petitioners were interred in 2013. The intention of the family was that in due time the petitioners' mother's ashes would be interred in the same grave plot. After the petitioners' mother died and the grave of their father was reopened, it was found that the grave was too shallow to take a second interment, and the mothers ashes had to be interred in a plot a few rows away. The petitioners now wished to have their mother's ashes exhumed and reinterred in a grave next to their father's grave. The Chancellor determined that there had been a 'mistake' in that the father's grave had been dug too shallow, which had frustrated the intentions of the family. He therefore decided that this was an exceptional situation where a faculty could be granted for exhumation and reinterment.

Re St. Botolph Boston [2019] ECC Lin 2

The proposal was for two new glass porches, at the north and south entrances of the Grade I church. There was an issue about the north porch. Historic England felt that the new woodwork should reflect the woodwork in the rest of the church, whereas the petitioners favoured a design to match the woodwork of the adjacent shop and servery in the north-west corner of the church. The Chancellor considered that the wordwork of the new north porch should relate to the modern design of the adjacent servery, and he granted a faculty accordingly.

Re St. George Kidderminster [2019] ECC Wor 4

There was an application for a confirmatory faculty in respect of an illuminated cross placed on the western face of the church tower two years previously, under an Archdeacon's Licence for Temporary Reordering (a procedure which the Chancellor considered inappropriate). The Chancellor decided to grant a faculty for a term of 5 years, subject to consent being obtained under the Advertising Regulations, and subject to the cross being illuminated on not more that 28 days in each calendar year, with leave to apply for further extensions of 5 years, without the need for a further faculty petition.

Re St. Mary Earlham [2019] ECC Nor 3

The Grade I church stands close to the University of East Anglia. It has what the Chancellor described as a "depressing" interior and a "a tiny congregation that is unlikely to grow". The proposal was for a major reordering with a view to attracting usage of the church by University students. A large donation was available to meet the cost of the proposed works. Historic England had concerns about (inter alia) the proposals for the flooring and the pews. The Victorian Society objected, principally, to the levelling of the floors and the replacement of the pews with chairs. The Chancellor was satisfied that a good case had been made for the proposals and granted a faculty.

Re St. Nicholas Gayton [2019] ECC Nor 4

The reordering proposals for the Grade I church included: (a) removal and disposal of all pews, except five older 'pauper' pews to the west end of the north aisle; (b) introduction of upholstered chairs; (c) repairs to the nave floor; (d) replacement of existing carpet; (e) installation of an oak storage unit; and (f) replacement of the overhead heaters. The Victorian Society argued that the removal of all the pews would adversely affect the visual impact of the interior, and it had concerns about upholstered chairs. However, the evidence was that the pews were of poor quality wood and were riddled with worm and unrepairable. The Chancellor granted a faculty on the understanding that only the seats of the proposed chairs would be upholstered and in a neutral colour.

Re St. Michael and All Angels Brimington [2019] ECC Der 5

The petition contained two proposals: (1) upgrading of the heating system, including demolishing a disused chimney stack; and (2) replacement of the pews with chairs. The rear portion of pews had been replaced with chairs in 2007. It was proposed that the heavier existing chairs would be brought to the front of the nave and any new stackable seating (the type proposed being the 'Alpha' chair) would be deployed behind. The Chancellor determined that the pews were not of major historic significance and that the needs of the worshipping congregation would be better served by modern, flexible seating, that would also allow wider use of the building by other groups and organisations. He therefore granted a faculty.

Re All Saints Mickleover [2019] ECC Der 6

The proposals were to replace the pews with upholstered chairs; new floor coverings; a servery; and a disabled access toilet and baby-changing area. Historic England did not favour the complete removal of the Victorian pews and had concerns about the choice of chair. The Deputy Chancellor granted a faculty for the items, providing that the stackable chairs to replace the pews in the north aisle should be Howe 40/4 unupholstered chairs, and the two back nave pews shoud be put into storage.

Re All Saints Kirk Hallam [2019] ECC Der 7

The priest-in-charge and churchwardens wished to transfer permanently to the Erewash Museum the remains of a corroded wrought iron ‘Anglo-Saxon sword/weaving-batten’. This item had been discovered whilst a grave was being dug in about 2006. The Chancellor determined that the item, once removed from the ground, became a 'moveable' of the church and, as such, legally vested in the churchwardens. He also decided that the item was not a 'church treasure', as defined by the Court of Arches, and he was not therefore obliged to follow the advice of the appellate court to hold a hearing. (See Re Shipton Bellinger [2016] Fam 193, para. 23) The Chancellor granted a faculty.

Re St. Bartholomew Aldbrough [2019] ECC Yor 7

The proposals were: (1) Repositioning of the font and removal of its plinth; and (2)    removal of eight pews from the north aisle to create a usable community space. The plinth was not original to the font and was regarded as a trip hazard. The church was the only community facility in the village. The Chancellor regarded the pine pews as having no intrinsic significance in themselves and he granted a faculty for all the works.

Re All Hallows Ordsall [2019] ECC S&N 1

The Chancellor was asked to grant a confirmatory faculty in respect of cremated remains which had already been exhumed (with a view to their subsequently being scattered) following the issue of a Ministry of Justice licence, which should not have issued, because the remains were interred in consecrated ground. The Chancellor granted a faculty: "Refusing a Faculty would certainly be justified in principle, but would serve no useful purpose, and would cause and maintain offence. Granting a Faculty would render lawful what has so far been unlawful; and would regularise the present situation, which there is in any event no practical possibility of changing." The Chancellor pointed out that at the time of writing his judgment the form of application for a licence and the notes for guidance on the Ministry of Justice web site were out of date following changes to the law in 2015.

Re St. John the Baptist Bilborough [2019] ECC S&N 2

There was a proposal for reordering in the unlisted church, built in the 1950s, to include removal of the black and white composite tiles and laying of carpet; replacement of the pews with chairs; and removal of two prayer desks. At a site visit the Chancellor saw that the floor tiles had already been removed and replaced with carpet, the pews had been removed, and there was a mixture of upholstered chairs in poor condition. Notwithstanding the unlawfulness of the works being carried our without prior lawful authority, the Chancellor was satisfied that the church would be enhanced by the proposed changes. He granted a faculty for all the works (except for the removal of one of the prayer desks), providing for the chairs already in the church to be replaced with 110 Vesta stacking chairs, with chrome frames and upholstery in a pewter colour.

Re The Holy Saviour Bitterne [2019] ECC Win 3

Extensive reordering was proposed, including an extension to the church;a mezzanine floor and glazed screen within the church; and the replacement of pews with wooden chairs. There were four parties opponent and the Victorian Society submitted a written objection. The Chancellor granted a faculty subject to conditions (inter alia) that the stone floor should not be covered with wooden flooring, and the poppy-headed stalls should be retained.

Re St. Mary Liss [2019] ECC Por 2

The petition proposed a reordering of the chancel, to include extending the chancel floor level a short distance into the nave and to provide new altar rails. The Victorian Society objected to the proposed removal of the pulpit and the removal of the iron railings and alabaster-faced walls which separated the chancel from the nave. The Chancellor concluded that the removal of the features concerned would cause moderate harm to the significance of the building as a place of historical interest, but that the harm would be outweighed by the public benefits of providing a more open, unimpeded and flexible space to meet the worship, mission and community needs of the parish.

Re Patricia Bessie Sharp deceased [2019] ECC Por 3

In 1997 the deceased had requested the reservation of the grave at the foot of the grave of her late husband. Owing to an administrative mistake the wrong plot number was allocated, but the deceased did not realise that the grave number was incorrect. At the funeral, the family realised that the grave for the deceased had been dug in the wrong place, but felt unable to do other than proceed with the funeral. They subsequently sought a faculty for exhumation and reinterment in the intended grave. The Chancellor was satisfied that a genuine mistake had been made, which could be regarded as an exception to the presumption of permanence of burial. He therefore granted a faculty for exhumation and reinterment, in order to correct the error.

Re All Saints Freshwater [2019] ECC Por 4

There were five applications to exhume human remains. The graves had been undermined by the collapse of a badger sett following heavy rains. The Chancellor granted faculties for the remains to be exhumed and reinterred in a part of the churchyard away from the badger sett.

Re St. Mary Syderstone [2019] ECC Nor 1

The incumbent refused to approve the use of the words "Dad" and "Grandad" in the inscription for a  memorial, the reason given being that the parochial church councils of the benefice had agreed, in a written policy, that (inter alia) only the words "Father" and "Grandfather" should be used on memorials. The Chancellor could find no real justification for this policy and granted a faculty to authorise the use of the words "Dad" and "Grandad", which she did not find objectionable. (Although not a reason for the decision, it is noted in the judgment that 15 inscriptions on memorials in the churchyard used the words “Dad” or “Grandad” and there were 12 examples which showed use of female equivalents, such as “Mum” or “Nan”.)

Re St. Nicholas East Dereham [2019] ECC Nor 2

The cremated remains of a child who died within hours of a premature birth in the 1980s had been interred in the churchyard. The petitioners (the father of the child and his three daughters) wished to have the remains exhumed with a view to them being reinterred in the father's garden. The father's wife had expressed a wish before her death to be buried in the garden with the remains of her deceased child. The Chancellor could find no justification for allowing the exhumation and reinterment of the child's remains as proposed, but he granted a faculty authorising exhumation, provided that permission could be obtained for the remains of the child and both parents to be interred in the churchyard of the church where the mother's funeral had been conducted or in some other consecrated ground.

Re All Saints Preston [2019] ECC Yor 10

The petitioners wished to construct a timber-framed, self-contained chapel, in the north aisle of the church, which could be heated economically, the replacement of the failed Victorian heating system being too costly. The Chancellor granted a faculty, being satisfied that the benefits would outweigh the harm to the special architectural and historic interest of the Grade I listed church. Also, the structure would not alter the fabric into which it was inserted and could be easily removed in the future.

Re Sutton Cemetery [2019] ECC Swk 6

The petitioner wished to exhume the cremated remains of his late wife from Sutton Cemetery and reinter them at the North East Surrey Crematorium in Morden. He had agreed to his wife's ashes being interred at Sutton in the grave of his wife's mother and grandmother. The Petitioner expected that he too could have his ashes buried with those of his wife in due course. However, owing to a rift between the petitioner and his wife's sisters, the sisters would not agree to the petitioner's ashes being buried with those of his wife. The Chancellor decided that this was an exceptional case where he could grant a faculty for exhumation and reinterment, so that the petitioner's ashes could be buried in the same grave as the ashes of his wife in due time.

Re St. Saviour Upper Sunbury [2019] ECC Lon 1

The Chancellor granted a faculty for the demolition of some unsightly temporary structures at the east end of the unlisted church and their replacement with permanent brick built structures to accommodate a commercial kitchen, a crèche, lavatories and a food bank.

Re St. Oswald Filey [2019] ECC Yor 8

During the parish priest's absence, whilst attending a course, a burial took place in the closed churchyard. Prior to his absence, the priest had told the funeral director and the family that a burial could not take place, unless in accordance with one of the exceptions in the Order in Council closing the churchyard for burials, namely: (1) where a grave had been reserved by faculty; (2) where a person could be buried in the same grave as a relative. (Also, cremated remains can be buried in a closed churchyard.) The funeral director arranged for the deceased to be buried next to the deceased's brother in a tight space between two graves. The Chancellor determined that the interment was unlawful, and could not be made lawful retrospectively by the Ministry of Justice or the court, but he decided that no action should be taken to disturb the burial or to refer the matter for police investigation.

Re St. Mary the Virgin Headley [2019] ECC Gui 3

The Chancellor granted a faculty for an extension to the church to provide a Church Room, Historic England and the Victorian Society having indicated that they had no objections to the proposal.

Re Gravesend Cemetery [2019] ECC Roc 6

A husband and wife sought permission to exhume the cremated remains of the wife's father ("the deceased"), who died in 1982, from the consecrated part of Gravesend Cemetery with a view to the remains being scattered in the Thames View Crematorium along with the cremated remains of the deceased's late wife, who had recently died. The Chancellor could find no special circumstance which would justify him in granting a faculty.

Re St. James Church Kirk [2019] ECC Bla 4

Blackburn Diocesan Board of Finance wished to transfer to Lancashire Museum Services a bell from the church, which had been closed four years previously. A local MP wrote to the Diocesan Registry to say that the bell should be retained in the church because a local group, the Church Kirk Regeneration Trust ("CKRT"), was in the process of completing an assessment of the site, after which they intended to develop proposals for the use of the church building. The Chancellor decided that the matter should not be left open indefinitely. He therefore made an order that the bell should be transferred to the Museum on loan for an interim period expiring on 31 December 2021. Three months before the expiry of the period, CKRT should submit written proposals for the bell for a further decision by the Chancellor. In the absence of any proposals, the bell should remain permanently with the Museum.

Re St. Margaret Hornby [2019] ECC Bla 5

The petitioners wished to replace stolen roof lead and the remaining lead covering with a GRP (fibreglass) product. The Diocesan Advisory Committee, Historic England, the Society for the Protection of Ancient Buildings and the Church Buildings Council objected to GRP being used to replace the whole of the lead from the roof of the Grade I listed church. The Chancellor took the view that the petitioners had failed to produce a clear, logical and convincing cased for the proposed works and he refused to grant a faculty.

Re St. Peter & St. Paul Muchelney [2019] ECC B&W 2

There was no suitable place within the church to construct a toilet, which would provide disabled access. It was therefore proposed to construct a free-standing disabled toilet adjacent to the east side of the north porch of the church, with associated water, drainage and electrical connections. There were letters of objection from five parishioners. The main objection related to the location of the proposed structure. The Chancellor was satisfied that the provision of a disabled toilet was appropriate and that the location to the east of the north porch would be the least problematic within the site. He therefore granted a faculty.

Re St. Mary Bridlington [2019] ECC Yor 9

The rector and churchwardens wished to remove to the diocesan furnishing store or to dispose of by sale the ebonised wooden altar cross (date of installation unknown) on the dossal shelf of the reredos, as the cross partly obscured the Agnus Dei design of the reredos by George Gilbert Scott. Letters of objection were received from several parishioners. The Chancellor was satisfied that the petitioners had made out a case for their proposal, and he accordingly granted a faculty.

Re St. Paul Quarndon [2019] ECC Der 8

The petitioners wished to replace the existing cast-iron sectional rainwater guttering of the church with continuous extruded black anodised aluminium, in order to prevent further water ingress to the church. The Society for the Protection of Ancient Building did not approve the use of aluminium. However, the Chancellor granmted a faculty.

Re St. Barbara Ashton-under-Hill [2019] ECC Wor 3

There was a proposal to install a toilet and kitchen facilities at the western end of the church, with associated water supply and drainage. Some further pew removal was also proposed. Historic England did not support the kitchen proposals. The proposed insertion of an extractor fan into a glass panel of the door into the tower concerned the Diocesan Advisory Committee and the Local Planning Authority. The Chancellor granted a faculty for the new toilet and associated water and drainage (to be treated as Phase 1), and considered that the parish should reconsider the remaining items (Phase 2).

Re St. Bartholomew Naunton Beauchamp [2019] ECC Wor 5

The petitioner wished to have the ashes of her mother exhumed and scattered over the hills north of Newtown in Powys. The ashes had been buried in the churchyard at Naunton Beauchamp, at the insistence of the petitioner's former sister-in-law. All the deceased's other children recalled their mother expressing a wish to have her ashes scattered in Wales, and they supported the petitioner's wish. Whilst accpting that this was a borderline case for allowing an exhumation as an exception to the general rule against disturbing human remains, the Chanmcellor decided to grant a faculty to the petitioner: ' ... whilst it is “generally” right that mourners should learn to let go, it appears that she will be unable to do so until her mother’s ashes have been scattered as proposed; only then, it seems to me, will she be able to recover her psychological and spiritual health.'

Re St. Barnabas Drakes Broughton [2019] ECC Wor 6

There was a proposal to fell two yew trees in the churchyard and to reduce the height of three other yew trees. A neighbour argued that the felling of one of the trees would affect the amenity of his house. The petitioners said they wished to have the two trees removed in anticipation of building an extension to the church. The Chancellor refused to grant a faculty for the felling of the first two trees. The petitioners would have to make a case for the removal of the trees if and when they submitted a petition for an extension to the church. However, he granted a faculty for the reduction in height of the other three trees.  

Re St. James Burton Lazars [2019] ECC Lei 1

The petitioner's wife died in February 2018 and her body had been cremated. Her ashes had not been interred in the Garden of Remembrance in the churchyard. The Church had its own set of churchyards regulations, approved by faculty, which prohibited memorials to mark the interment of cremated remains. In April 2018, the petitioner reserved a grave for himself in the churchyard. He now wished to have a tablet in memory of his wife placed either on the grave he had reserved for himself, in anticipation of his wife being buried in the reserved grave after he himself had been buried in it, or on a cremation plot in the Garden of Remembrance, if his wife's ashes were buried there. The Chancellor refused a faculty, as he did not feel that the Petitioner had made a good case for an exception to the church's churchyard regulations. He pointed out, inter alia, that a memorial to the petitioner and his wife could be erected on the reserved grave after the petitioner's body and his wife's ashes had both been buried in it.

Re St. John the Baptist Halesowen [2019] ECC Wor 7

The proposals included: (1) replacing the iron gates to the porch with glazed sliding doors; (2) new porch lighting and glazing of one porch window to match the other; (3) relocation of the internal 1906 wooden lobby to the west end of the south aisle and its conversion to storage space; and (4) removal of a pew in the south aisle to allow the relocation of the lobby; and (5)) replacement of the ramp inside the lobby with a new ramp with handrails. The Chancellor granted a faculty for items (1) and (2), but not item (3) (the relocation of the lobby) as proposed, in consequence of which items (4) and (5) were not approved.

Re St. Clement Oxford [2019] ECC Oxf 5

A major reordering was proposed. The Victorian Society objected to the central pews in the nave being made moveable and to the proposal to replace the aisle pews with upholstered chairs. The Society also argued that some of the pew doors, removed at some time within the past 50 years without authority, should be reinstated. The Chancellor was satisfied that a case had been made for making the nave pews moveable, but made it a condition of the faculty that doors should be replaced on three rows of pews. He also approved the proposed replacement of the aisle pews with upholstered chairs, as well as the other items of reordering.