Neutral Citations

On 23 December 2015, the Dean of Arches issued a Practice Note requesting Diocesan Registrars to allocate a neutral citation to each Consistory Court judgment. A revised version of the original Practice Note was issued on issued on 27 April 2016. Both Practice Notes can be downloading by clicking on these links:
Practice Note No. 1 of 2015
Practice Note No. 1 of 2016
Neutral citations are only being applied to judgments from 1 January 2016. Prior to that date, the ELA's own method of citation was used.

Those submitting judgments should not that a neutral citation should appear in the top left corner of a judgment, in the format set out in Practice Note 1 above.

Judgments are as supplied by the relevant Diocesan Registries, but we cannot guarantee that there have been no subsequent minor amendments which have not been communicated to us. Anyone wishing to quote from a judgment should check with the relevant Diocesan or Provincial Registrar that the version on this web site is the final version.

Reordering

Click on a citation to open or download a judgment.

Re St. Stephen Acomb [2018] ECC Yor 3

The petition contained a number of items including proposals for lighting inside and outside the church. A parishioner objected to the proposed lighting of the spire on the ground that it would cause a lot of light pollution. The petitioners responded that they had taken their architect's advice and also that of a specialist lighting consultant and as a result they are looking to use modern LED type lights which minimise light pollution by focusing the light to specific areas and thereby minimising spill and light pollution. The Chancellor was also aware of a recent visit by an officer of the planning department, who had recommended the fixing of the external light sources on the stonework, rather than on poles, and had not raised any concerns about light pollution. The Chancellor was satisfied that the petitioners had made their case and granted a faculty.

Re St. Aidan Acomb [2018] ECC Yor 2

The vicar and churchwardens wished to carry out certain items of refurbishment to the church, including "install etched safety glass panels between the main entrance lobby and the church". It was intended that these glass panels should replace the existing wooden panels, in the interests of safety and security and allowing more light into the lobby. Two parishioners objected to the glass panels on the grounds that anyone who felt ill and wanted to sit outside the body of the church for a while during a service would not be able to enjoy some privacy in the lobby if there were glass panels. The petitioners pointed out that there were other areas in the church where people who were feeling ill could enjoy some privacy. The Chancellor determined that the petitioners had made out a proper case for the work and granted a faculty.

Re St. Bartholomew Areley Kings [2018] ECC Wor 2

The church's reredos comprises three painted panels. The central panel features ears of corn and a vine and grapes, and those to either side feature St Andrew and St Cecilia. The panel was originally placed under the east window in 1920, but during the intervening period had at various times been moved to other parts of the church. The petition proposed the conservation of the reredos and its reinstallation in its original position, but slightly higher on the east wall of the chancel, which would partly obscure the east window. The Chancellor granted a faculty for the conservation of the panels, but was not prepared to authorise the return of the reredos to the east wall until satisfied that there was a scheme for its location that worked in detail both when the altar table as up against the east wall and when it was brought forward.

Re St. Mary Magdalene Ashton upon Mersey [2016] ECC Chr 1

The petition proposed an extensive program of reordering. The Victorian Society became a party to the proceedings, opposed to the proposals for upholstered chairs and carpet in the nave. The Chancellor granted a Faculty. He was not prusaded by the argument of the Victorian Society that persuaded that carpet in the Grade II building would cause the damaging ‘domestication’ of the interior. With regard to the upholstered chairs, he concluded that 'the choice of chair will inflict some modest harm on the visual aesthetics of the building, but ... this parish has demonstrated a benefit which will outweigh the harm.'

Re St. Michael & All Angels Ashton-on-Ribble [2017] ECC Bla 10

The faculty petition proposed the disposal of a wooden lectern. The petitioning churchwarden stated that the lectern was not being used, was unlikely to be used again, and was merely taking up space. The lectern bore an inscription to say that it had been given by a significant benefactor of the church in memory of her brother, who was a priest, but who had spent no part of his minitry in the parish. He had died in 1925. The Church Buildings Council recommended that, ‘as a good furnishing that has a long association with the church, this should be retained. The Council recognised it was redundant in terms of use but deemed it to be a high quality item and of interest as a memorial.’ The Chancellor refused to grant a faculty.

Re St. Aidan Bamburgh [2018] ECC New 2

The area around the font of the Grade I church consisted of sandstone flags, which over time had become very worn and had been patched with slate and concrete. The proposal was to relay the area with stone to match the existing stone around it, and to re-locate the slate to the south side to complete the paving of the south aisle in slate, all but the west end of that aisle already being paved in slate. The Society for the Protection of Ancient Buildings objected to the proposal, preferring to see further patch repairs. Having inspected the floor, the Chancellor was satisfied that the proposed work was necessary in the interests of safety from trip-hazards, and being satisfied also that the work would not result in harm to the significance of the church as a building of special architectural or historic interest.

Re St. Lawrence Barton [2017] ECC Bla 3

The Vicar and churchwardens sought permission to re-order the chancel area of the Grade II Victorian church by removing and disposing of the rear choir stalls and replacing them with the front stalls, carrying out some modifications to enlarge the leg-room available, making good any exposed tiles and laying carpet across the widened chancel aisle to match the nave aisle carpet. The object of the proposals was to make the use of the church by the children of the village school more convenient and effective and also increase the possibilities of using the building for concerts and community events. The Victorian Society objected to the covering of the Minton tiles with carpet. The Chancellor approved the proposals and granted a faculty.

Re St. Peter & St. Paul Bassingbourn [2018] ECC Ely 1

The petition contained proposals for extensive reordering of the 13th century Grade I listed church. The Parochial Church Council wished to expand the use of the church by providing, inter alia, kitchen and toilet facilities, meeting rooms, a gallery, new seating (for more flexible worship and meetings) and new heating, thus providing a more useful community resource. There were ten parties opponent, as well as opposition from the amenity societies. The Chancellor granted a faculty for the majority of the proposed works.

Re Bath Abbey [2017] ECC B&W 1

The Chancellor granted a faculty to allow the pews in the nave to be replaced with chairs, subject to the chairs being stained to match the other furniture in the Abbey.

Re Bath Abbey [2018] EACC 1

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.

Re St. Michael & All Angels Blackheath Park [2016] ECC Swk 17

The proposals were for a major re-ordering. The local authority objected to one aspect of the scheme, namely the removal and burial of the existing font. Historic England expressed a reservation about the proposals for the new font. Neither objector wished to be a party opponent. The Chancellor came to the conclusion that the better course in this particular case would be to place the old font into storage, and a faculty for the re-ordering scheme was granted on this basis. The judgment contains a review of recent decisions relating to the disposal of fonts.

Re Our Lady of Bloxham [2018] ECC Oxf 2

The Deputy Chancellor granted a confirmatory faculty for the removal and disposal of seven pews, which were removed without faculty in 2011 in order to provide a children’s area, a display, a welcome area and the extension of the dais, but he required that the pew frontals removed at the same time were returned to the church.

Re St. Peter Boughton Monchelsea [2016] ECC Can 3

The petitioners sought a confirmatory faculty for works carried out some years before, including two areas of temporary reordering at the east end of the nave and the east end of the south aisle, the introduction of a grand piano, the removal of pews at the west end of the north aisle to allow for the introduction of a timber carving of the nativity by Graham Clarke and the making permanent of an audio visual installation. The Commissary General granted a faculty, subject to a condition, inter alia, that the petitioners should discuss with the Diocesan Advisory Committee ways of mitigating the visually intrusive reflective aspect of the audio-visual screens.

Re All Saints Bramham [2017] ECC Yor 3

The Chancellor granted a faculty for some minor reordering of the chancel of the church, to include moving the stone altar forward by 1 metre, to allow the celebrant to face westwards. The work also included the removal and disposal of the children's choir stalls.

Re All Saints Branston [2018] ECC Lin 2

In 1972 a reredos had been installed in the church of St. James Grimsby (now Grimsby Minster) in memory of a parishioner's wife. The reredos had been made by the sculptor Frank Roper to a design by the architect George Pace. In the course of a reordering in 1995, which was carried out without faculty, the reredos was removed and stored in the church. Some other items of furnishing were also removed at the time and there present whereabouts were unknown. The petitioners in the present case wished to relocate the reredos to the church of All Saints Branston. The Chancellor granted a faculty, but directed that the archdeacon should prepare a list of the furnishings removed in 1995, with the names of the donors and locations of the items, if known, with a view to the Chancellor then making an order in respect of those items.

Re St. Peter Bratton Fleming [2016] ECC Exe 2

In 2011 the petitioners applied for approval (which was granted) for the remodelling of the pulpit steps, having been refused in 2010 a faculty for the removal of the pulpit. They now applied for permission to permanently remove the pulpit from the church. The pulpit had in fact already been removed from the church in 2012 without authority. Reminding the petitioners of the rule of law, and that the removal of the pulpit was unlawful, the Chancellor determined that the arguments for removing the pulpit had not changed since 2010, when he refused to grant a faculty for the removal of the pulpit, and accordingly he now refused again to grant a faculty for its removal.

Re St. Peter Bratton Fleming [2012]

The Petitioner sought permission to move the font to a position in an area immediately to the west side of the main entrance to the church in the north wall and to remove three pews and install a redundant choir stall frontal in order to create a Baptistery area around the repositioned font. (This was a different proposal to the one contained in the 2010 petition for reordering.) The Chancellor decided to grant a faculty, as the proposal would fit in with and complement the changes for which permission had already been given.

Re St. Peter Bratton Fleming [2010]

The petitioners sought a faculty for an extensive re-ordering and refurbishment of the Grade II church. There were seventy objectors, of whom three became parties opponent. The Chancellor approved the proposals relating to reordering of the West Gallery; demolition of the redundant boiler house and building of an extension to provide a meeting room, kitchen and toilet facilities; reordering of the Chancel; glazing to the South Door; and refurbishment of the pulpit, but felt that the petitioners had not made out a sufficient case to justify the remaining items, including reordering of the pews; relocation and reordering of the font; removal of the pulpit; and removal of the organ.

Re St. Peter Bratton Fleming [2011]

The 2010 Faculty for reordering was amended to allow for certain consequential works, which included approval for the remodelling of the pulpit steps.

Re St. Peter Brighton [2016] ECC Chi 2

The Chancellor decided that the proposed new wall-to-wall carpet and the 'bland', black chairs were inappropriate for a Grade II* and important Victorian church in the centre of Brighton, but he granted a limited licence for five years, requiring the petitioners at the end of such period to produce more appropriate long-term proposals.

Re St. Philip & St. Jacob Bristol [2018] ECC Bri 1

The original stone floor of the church was on a slope and the pew bases were at different heights. The proposal was to remove the pews and pew bases and install a new floor ‘floating’ above the original floor, to create a smooth, flat surface. The Chancellor granted a faculty, subject to the condition that the choice of chairs to replace the pews was to be overseen by the acting Archdeacon.

Re St. Peter & St. Paul Bromley [2017] ECC Roc 6

The incumbent, the associate vicar and the churchwarden applied for a faculty for the introduction of an audio-visual system into the Grade II* church. There was one letter of objection, from the assistant organist, who did not wish to be a party opponent. His concern was that the evangelical style of worship of the present vicar and associate priest would result in excessive use of the audio-visual equipment, which "does not fit with the very middle of the road Anglican choral tradition that we have here." The Chancellor found no merit in the assistant organist's arguments, and did not feel that they were representative of the views of the members of the church as a whole, and he accordingly granted a faculty.

Re St. Mary Bromley (Plaistow) [2017] ECC Roc 5

The incumbent and churchwardens applied for a faculty to authorise works which included the removal and storage of one pair of wooden doors; the reduction in size of the disabled lavatory cubicle, so as to provide more space in the adjacent room which is used as a creche; the introduction of worktops; associated electrical and drainage works; and relocation of a Belfast sink to the north porch. There were 16 letters of objection, but no parties opponent. The Chancellor was satisfied that, although the guidelines set out in the judgment in Re St. Alkmund Duffield [2013] did not engage in the case of this unlisted Victorian church, the petitioners had made out a good case for the proposed works, and he granted a faculty

Re St. Mary the Virgin Buckland [2017] ECC Swk 6

The petitioners (the Rector, a Churchwarden and the PCC Secretary) sought a faculty to authorise the removal of three pews from the east end of the nave, two on the south side and one on the north side, in order to provide space for those with wheelchairs, for instrumentalists and singers, for a projector and screen on the south side. and to give more space for those attending wedding couples. The Chancellor determined that the modest harm to the character of the church would be outweighed by the clear and significant public benefit flowing from the proposal.

Re St. Stephen Burnley [2017] ECC Bla 7

In 2005 pews had been removed from the side aisles of the church and had been replaced with chairs upholstered with a blue fabric. Also, carpet tiles in two contrasting blue colours had been laid in a chequer-board pattern in the aisles. The petitioners now wished to lay similar carpettiles and introduce more upholstered chairs into the nave, to create 'a more flexibe space'. (There was also a proposal to update the heating.) The Victorian Society objected to the removal of the pews and further carpet tiles, but was not a party opponent. In spite of slight reservations about the blue colour of the carpet tiles, the Chancellor concluded that the scheme would "give a more unified appearance and will serve the aims that the petitioners seek to achieve." He accordingly granted a faculty.

Re Holy Trinity Cambridge [2016] ECC Ely 1

The faculty petition proposed a major reordering of a Grade II* listed church, the details of which are too numerous to include in this brief note, but included the replacement of the vestry with a four storey extension to the church, to provide meeting rooms and offices; the removal of the pews and replacement with Howe 40/4 chairs; the carpeting of the whole floor; and the creation of a kitchen. The amenity societies involved objected to several of the proposals. The Chancellor granted a faculty for the majority of the items. One of the items he declined to approve was the carpeting of the nave.

Re St. Michael Cambridge [2017] ECC Ely 1

Since 2000, the church of St. Michael (now annexed to St. Mary the Great) has undergone major reordering to create a cafe and meeting rooms in the nave, with the chancel left as a worship area separated from the nave by a glass screen. The church now sought a faculty to remove the remaining pews from the chancel, raise the floor level and replace the pews with Howe 40/4 seats, to enable the building to be used more effectively for the community which the church serves. The Victorian Society objected to the removal of Victorian fittings. The Chancellor determined that there was a strong justification for carrying out the proposals and granted a faculty.

Re St. Mary and St. Michael Cartmel [2017] ECC Car 2

A number of reordering proposals included replacing 18 oak nave pews with Howe 40/4 chairs and the re-siting of the Victorian font. Neither Historic England nor the Victorian Society objected to the proposals. Two parishioners submitted letters of objection, but did not wish to be parties to the proceedings. The Chancellor granted a faculty, being "satisfied that the benefits which will flow from the removal of these pews are significant in that the removal of the pews will allow the space of the nave to be better appreciated and will allow the use of such space for a variety of activities. Even bearing in mind that this is a listed building, I am satisfied that there is a clear and convincing justification for the removal of the pews which outweighs such small degree of harm."

Re St. Thomas Charlton [2017] ECC Win 2

Re St. Thomas Charlton [2017] ECC Win 2 The petitioners wished to install an audio visual system in the body of the unlisted church, with a motorised screen located behind the chancel arch, a projector mounted on a roof cross beam and cabling to the rear of the church to a control location. There were two written objections on the grounds that (a) the equipment would be intrusive, and (b) the PCC could not afford the cost of the works. The Chancellor considered that the benefit of improved communication technology being introduced outweighed the general presumption that change should not be permitted. He accordingly granted a faculty.

Re St. Simon Zelotes Upper Chelsea [2018] ECC Lon 1

The vicar and churchwardens sought a faculty to reorder the west end of the church by extending the west gallery to the north and west aisles, to introduce an accessible WC below the north-west corner of the extended gallery and enhance the existing catering facilities and musicians’ area. They also proposed introducing speakers into the chancel and the making good of tiles in the floor at the front of the church. The Victorian Society was a party opponent. The Chancellor was satisfied that "any prejudice to the architectural integrity is outweighed by the pastoral and liturgical benefits and applying the balance of probabilities the Petitioners have made out their case." He accordingly granted a faculty.

Re St. Mary and St. Cuthbert Chester-le-Street [2017] ECC Dur 1

The proposal was to install four 50 inch LCD monitors on pillars in the nave of the church, plus a 24 inch monitor in the choir vestry and a 32 inch monitor on a wheeled trolley, plus associated electronics and wiring. There were several objections from parishioners. Historic England and the Council for the Care of Churches (though it did not formally object) considered that the monitors would be intrusive and harm the character of this historically significant Grade I church, which has associations with St. Cuthbert. The Chancellor refused to grant a faculty so far as the four largest screens were concerned.

Re St. Mary Magdalene Clitheroe [2017] ECC Bla 8

This was a determination of two petitions relating to: a new boiler and changes to the heating system; new lighting and power systems; redecoration; reordering of the chancel; changes to the south door; and disposal of chancel furniture. The Chancellor granted a faculty on the basis that "and the harm to the significance of the building caused by removal of furniture and fittings is outweighed by the liturgical freedom created, and the public benefit to be gained by having a flexible area to utilise for worship and other diverse activities".

Re St. George Clyst [2002] Sir David Calcutt Ch. (Exeter)

The Rector and Churchwardens applied for a faculty for the installation of a WC in the north-west corner of the church, the replacement of the pipe organ with an electronic organ, the re-siting of some pews, and the rearrangement of some windows. The only contentious item was the removal of the pipe organ to accommodate the WC facilities. The pipe organ had been installed in the 1950s and was of doubtful provenance. The Chancellor granted a faculty.

Re St. Nicholas Codsall [2018] ECC Lic 1

The chancel of the church is only used for daily prayer and for fortnightly coffee mornings. The works proposed were the introduction of radiators and additional carpeting, to make the chancel more comfortable on the occasions when it is used. It was also proposed to create a new bell-ringing floor in the tower, in order to create a disabled toilet and kitchen at the base of the tower. There were letters of objection from two bell-ringers in respect of this item. The Chancellor decided that any impact on the bell-ringers should not outweigh the benefits of providing appropriate toilet and refreshment facilities. He accordingly granted a faculty.

Re St. John the Baptist Cononley with Bradley [2016] ECC Lee 1

A faculty was sought for major re-ordering of an unlisted Victorian church, including relocation of the font, replacement of pews with chairs, re-flooring, new kitchen and toilets and relocation of a screen. The Church Buildings Council and the Diocesan Advisory Committee approved the proposals, and Historic England supported the Victorian Society, who approved the proposals subject to agreed amendments. A faculty was granted.

Re St. Mary Cottingham [2016] ECC Yor 1

The Chancellor granted a faculty for (a) the removal of six rows of pews and (b) new flooring, as Phase 1 of proposals to create some consistency in floor levels and provide more circulation space at the west end of the church.

Re St. Mary Magdalene Cresswell [2017] ECC Der 6

There was a proposal to remove the pews from the side aisles, with a view to replacing them in due course with new seats. In the meantime there were some plastic seats in the church, which could be placed in the side aisles when a large congregation was expected. The Chancellor was concerned that no detailed proposals had been presented in respect of replacement chairs. He granted a faculty for the removal of the side aisle pews, subject to conditions that the existing plastic chairs should not be left in the side aisles when not needed, and that the petitioners should by the end of 2019 put forward detailed proposals for replacement chairs.

Re St Michael & All Angels Croston [2017] ECC Bla 5

The proposed works included: (1) repair, replace and treat rotten and infested roof timbers and beams and floor supports and floors; (2) create a ramped disabled access adjacent to the main door; (3) create a disabled toilet within the disused south porch; (4) permanently remove some pews to create additional space for movement around the church and disabled/wheelchair access; and (5) create a larger family-friendly pew area at the rear of the south aisle by the removal of two pews. There were no objections. The Chancellor was satisfied that the proposed works would not result in any harm to the significance of the Grade II* church as a building of special architectural or historic interest, and accordingly granted a faculty.

Re St. Michael Cumnor [2016] ECC Oxf 4

Various items of re-ordering were proposed. The Victorian Society objected to the extension and alteration of the porch to provide a disabled access toilet (a new entrance lobby to be created). A parishioner objected to the proposed cupboards for the south transept and the placing of an altar at the southern end of the St. Thomas's Chapel in the south transept. Neither the Victorian Society nor the parishioner became a party opponent. Faculty granted.

Re St. Andrew Donhead St. Andrew [2017] ECC Sal 1

The proposals were for a major reordering of the Grade II* church, which would cost over £500,000. There were seven parties opponent. The proposed works included the replacement of the nave pews with oak chairs; replacement of the Victorian tiles in the nave with sandstone flooring; the replacement of the existing vestry and boiler room with a new extension to house a parish room, toilet and kitchen; the provision of a servery; and other items to which there were no objections. Notwithstanding the objections, the Chancellor granted a faculty, being satisfied that the harm to the building would be modest, that the justification for the works was strong, and that the public benefit would outweigh any harm caused to the building.

Re St Peter Drayton [2017] ECC Oxf 4

The petitioners wished to remove four rows of pews from the west end of the nave, in order to allow greater community use of the church. The church had a mixture of medieval and Victorian pews. The Chancellor granted a faculty to allow the removal of the pews as requested, with the exception of one medieval pew and frontal.

Re St. Andrew Earlsfield [2017] ECC Swk 5 [2017] ECC Swk 5

The proposed works for the Grade II church included the replacement of the nave pews with oak chairs; the creation of a kitchen and Community Cafe; the installation of a disabled toilet; the creation of storage facilities; and new porch doors. Upon consideration of the guidelines laid down in Re St. Alkmund Duffield [2012], the Chancellor determined to grant a faculty: " ...this seems to me to be a clear case where significant public benefit (including benefit to the listed building considered as such) outweighs modest harm so that I give a positive answer to the fifth of the Duffield questions."

Re St. Peter East Bridgford [2016] ECC S&N 4

The petitioners sought a faculty to authorise the movement of the altar westwards by 60cm to increase the amount of space behind the altar for celebrating the Eucharist. Applying the tests laid down in Re St Alkmund’s Duffield [2013], the Deputy Chancellor took the view that the proposals would not cause any harm to the church as a building of special architectural and historic significance, and accordingly granted a faculty.

Re St. Andrew Eastern Green [2018] ECC Cov 6

The Vicar and Churchwardens of the unlisted Victorian church petitioned to remove the existing stone font (installed in 1975), situated at the north-east end of the nave, near the pulpit, and to replace it with a new portable solid-oak font, retaining the original font's bowl and cover. There was one letter of objection. The Chancellor granted a faculty, subject to a condition that, when not in use, the font should be positioned at the west end of the church. The Chancellor also authorised the disposal of the stone font, provided that if it could not be used in another church or appropriate setting, it should be buried in the churchyard.

Re St. Barnabas Eltham [2017] ECC Swk 4

The Vicar and Churchwardens of the unlisted church sought a faculty to remove the chancel and sanctuary furniture (with the exception of the Holy Table); the removal of a row of pews at the east end of the nave; the creation of a new raised floor (to be carpeted); the installation of underfloor heating; the installation of additional lighting in the chancel; and the replacement of the electronic organ console with a new one in a different position. The Twentieth Century Society objected to the removal of the choir stalls and the Communion rail. The Chancellor granted a faculty, subject to the Communion rail being retained, but moved to a position further east.

Re Holy Trinity and St. Oswald Finningley [2016] ECC She 2

The Chancellor granted a faculty for a major re-ordering, being satisfied that the benefits of the proposed works would outweigh any the harm to the significance of the Grade I listed church as a building of architectural or historic interest. The proposed works included a new kitchen and two new toilets (to replace the existing kitchen and single toilet); the replacement of the pews with chairs; and new screening for chair storage at the tower.

Re St. Andrew Framingham Earl [2016] ECC Nor 2

The petitioners sought a faculty to permit the replacement of the heating system in the Grade I listed church and the removal of the Victorian nave pews and their replacement with chairs. One parishioner and the Victorian Society objected, but neither wished to be a party opponent. The Chancellor decided that the public benefit resulting from the proposals outweighed the harm which would be caused and that therefore a faculty should issue.

Re St. Nicholas Fundenhall [2017] ECC Nor 5

In October 2014 the Chancellor had granted a faculty for certain works, including the replacement of pews with chairs. It was a condition of the faculty that "No order shall be placed for the new nave chairs/pews until their design has been either agreed with the DAC, English Heritage and the Victorian Society or approved by the Chancellor." In September 2016, the PCC, without approval, ordered 50 chairs which had matt gold coloured metal frames, with seats and backs of a rich brown faux leather. Upon hearing of this, Historic England and the Victorian Society objected to the choice of chair. The petitioners applied for a confirmatory faculty limited to ten years. Mindful of the huge cost the PCC had incurred in the reordering, and that the justification outweighed the harm in this case, the Chancellor determined to grant a faculty for 10 years, requiring the PCC before the end of such period to put forward proposals for some alternative chairs.

Re Mariners' Church Gloucester [2018] ECC Glo 2

The Chancellor granted a faculty for reordering within a 19th century proprietary chapel, which has only relatively recently become subject to faculty jurisdiction. The chapel was built to cater for the bargees and seamen who worked in or visited the dockland area of Gloucester. The works included a glass outer door; removal of pews; new lighting and heating; a kitchen unit/servery; a disabled toilet; and monitors and a sound system. Certain items were not approved.

Re St. Lawrence Gnosall [2018] ECC Lic 3

The petitioners wished to remove two rows of pews from the west end of the nave of the church, in order to create space for church and community activities. The Chancellor was satisfied that it was appropriate to grant a faculty. The church would remain predominantly pewed and any harm to the special significance of the Grade I church would be modest and would be outweighed by the potential benefits.

Re St. Nicholas Great Kimble [2017] ECC Oxf 3

A faculty was sought for extensive reordering works. Part of the reason for the works was to allow the church to be used by the local Church of England school in particular and the community in general. The Victorian Society objected to the the laying of the proposed wooden floor, which would involve removing some Victorian floor tiles. The Church Buildings Council objected to the proposed new position for the font. Both the Victorian Society and the Church Buildings Council objected to the proposed new pew benches being upholstered. The Chancellor granted a faculty, subject to a condition that the new pew benches should not be upholstered, but may have separate cushions, subject to the material being approved by the court.

Re All Saints Harbury [2018] ECC Cov 5

The petitioners sought a faculty to allow a temporary reordering, authorised by the Archdeacon, to remain permanently. This included a children's area at the west end of the church, the removal of a large painting from the west wall, the permanent removal of six pews, and an information 'Hub'. There were four objectors, of whom one became a party opponent. The Chancellor concluded that the impact of the proposed changes on the appearance of the church would be modest, and that the proposals for providing information about the church to a growing population were appropriate. He accordingly granted a faculty.

Re Holy Trinity Headington Quarry [2018] ECC Oxf 1

The proposals were for extensive reordering of the Grade II church and the building of an extension in the churchyard to accommodate toilets, a kitchen, a store room, a meeting room and refurbished choir vestry and vicar's vestry and toilet. The extension would be built over one known grave of a married couple, who died in 1975 and 1980 respectively. The Chancellor was satisfied that, because the church extension would be built on piles, the grave would not be disturbed. He was also satisfied that the petitiners had discharged the burden of proving that (quoting Lord Penzance in Peek v Trower [1881]) "the church will be more convenient, more fit for the accommodation of the parishioners who worship there, more suitable, more appropriate, or more adequate to its purpose than it was before".

Re St. John the Baptist Heaton Mersey [2018] ECC Man 1

The petitioners wished to remove the church pews and replace them with ICS stacking chairs of solid oak with an oak veneered plywood seat and back. The Victoria Society objected to the proposal, but was not a party opponent. The Chancellor was satisfied that a very low degree of harm to the church would result from the removal of the pews, which would be substantially outweighed by the public benefit that would be achieved by their replacement. He accordingly granted a faculty.

Re Christ Church Hengrove [2016] ECC Bri 4

The Chancellor granted a faculty to authorise the removal of a number of pews from the front of the nave of the unlisted church building, in order to allow greater flexibility of use of the church, subject to the condition that the pews should be stored in a part of the church, with liberty to apply for them to be removed permanently, if the experiment proved successful.

Re All Saints Higher Walton [2017] ECC Bla 9

The faculty proposed changes to the heating sytem, removal of the side aisle pews and introduction of upholstered chairs to match the chairs in the centre of the nave, which had been authorised in 2015 to replace the nave pews. The Victorian Society objected to more upholstered seating. The Chancellor concluded that, "It would not be reasonable to deny the petitioners more of the same sort of chair", and granted a faculty.

Re St. Michael and All Angels Highworth [2016] ECC Bri 8

The petition proposed an extensive re-ordering of the church, including an extension to the north side of the church, to house WCs and a room for boilers; glazed doors for the porch; a new floor with underfloor heating; replacement of pews with chairs; re-siting of the rood screen and font; replacing the organ; new lighting; and creating a new kitchen with meeting room over it. The acting Deputy Chancellor approved the proposals, except for outer glazed doors to the porch (whilst allowing inner glazed doors), the creation of a meeting room above the new kitchen, and the introduction of steel framed chairs with wooden seats and backs, but indicating that he would approve all-wood stacking chairs.

Re St. Katharine Holt [2016] ECC Sal 2

A reordering scheme was proposed. The Victorian Society and the Church Buildings Council expressed concern about the following parts of the scheme: (1) the removal of the Victorian pews; (2) the introduction of plastic upholstered chairs; and (3) the introduction of carpeting to the north aisle. The Chancellor approved of the scheme, apart from the plastic upholstered chairs. She adjourned the proceedings for six months, to give the petitioners time to select an alternative type of chair and apply for an amendment of the faculty petition.

Re Holy Trinity Hull [2017] ECC Yor 1

The proposals were for a major reordering, for most of which there were no objections. Amongst the amenity societies consulted, only the Victorian Society became a party opponent, objecting principally to the proposed removal from the nave of "one of the most magnificent and extensive suites of Victorian church seating in the country". In weighing the benefits which the proposals would bring against any loss to the historical and archtectural importance of the church, the Chancellor had to consider the evidence of the petitioners as to the financial viablity of the church if the works were not carried out. On balance he determined in favour of the petitioners and granted a faculty

Re St. Mary Magdalene Hullavington [2016] ECC Bri 1

There was a major program of reordering, including an extension to the church, which would necessitate moving the font. The Chancellor granted a faculty, notwithstanding that the font would no longer be as near to the principal entrance as it could otherwise conveniently be.

Re St. James the Apostle Islington [2016] ECC Lon 2

The hearing in this case was supplemental to a faculty application determined by a hearing in January 2015 (see Re St. James the Apostle Islington [2015]), when the Chancellor granted a faculty for works to (inter alia) the chancel of the church. The present application also contained matters relating to the chancel. Two objectors in this case raised objections to the lighting only. The Chancellor ruled that the objections related only to procedural irregularities and not to the merits of the proposals. He therefore granted a faculty for all the additional works.

Re St. Andrew Kettleburgh [2017] ECC SEI 4

A faculty was sought for reordering, which included works to the south porch and the west end of the nave of the Grade I listed church, including the repositioning of three rows of pews and adjustment of floor levels. The Chancellor granted a faculty.

Re St. John the Evangelist Killingworth [2017] ECC New 2

The Vicar and Churchwardens applied for a faculty to authorise the removal of all of the pews from the chancel and nave of the Grade II church and replace them with 120 wooden upholstered chairs. There were objections to removal of the pews and to replacement chairs being upholstered. The Victorian Society objected to the removal of all the pews and suggested that the existing carpet should be removed. The Chancellor determined that the petitioners had made a good case for the removal of the pews from the nave and for replacement chairs with upholstered seats, but not for the removal of the pews from the chancel. The retention of the pews in the chancel would maintain a discrete formal area, which would not affect the main objective of allowing for much greater flexibility of worship and other events in the nave.

Re Holy Trinity Kimberley [2016] ECC S&N 1

This was a determination of two faculty petitions in respect of the unlisted church building: (1) the replacement of the organ with a modern instrument, and (2) a major reordering scheme, to incorporate community facilities. The Parochial Church Council was proposing to partly fund the work from the sale of the adjoining dilapidated church hall. There were three parties opponent, including two employees of the Town Council. Faculty granted.

Re Holy Trinity Kirk Ireton [2017] ECC Der 5

The petitioners proposed the removal of 15 unfixed and damaged Victorian pine pews with a view to providing more flexible use of the church for family services and community use, the pews to be replaced with 39 wooden chairs with upholstered seats. The Chancellor was satisfied that the petitioners had made a ‘robust justification’ for their proposals and granted a faculty.

Re Holy Trinity Lamorbey [2016] ECC Roc 3

The petitioners sought permission to remove four pews from the back of the church, in order to provide more room for the serving of refreshments and for accommodating buggies and wheelchairs. The church is Victorian and unlisted. There was one objector, who did not become a party opponent. The Chancellor, being satisfied that the works were both needed and appropriate, granted a faculty.

Re Christ Church Laxey [2018] ECC IOM 1

The Team Rector and churchwardens sought a confirmatory faculty for the retention of a nave altar, which had been in use since a reordering of the interior of the church in 2013/2014. The nave altar had been made from the wood of the choir stalls, which had been removed as part of the reordering. The Diocesan Advisory Committee objected to the retention of the altar on the grounds that it was too low (it originally had castors, which had been removed), and the surface area was too small. The Vicar General was satisfied that the surface of the altar was adequate, and he granted a confirmatory faculty subject to conditions that blocks should be placed under the legs of the altar, to raise the altar to a more appropriate height, and that the altar should at all times be covered by a Laudian fall.

Re St. John sub Castro, Lewes [2016] ECC Chi 8

The petition proposed various reordering works to the Grade II church, including work on galleries and staircases and the provision of a lift and meeting rooms; and the sale of a painting from around 1600. The Chancellor was satisfied that the petitioners had made a good case for reordering works, and that the public benefit would outweigh such harm as would be occasioned to the building. He granted a faculty or the items of reordering, but reserved judgment on the sale of the painting pending further representations, including as to whether there should be an open court hearing.

Re St. Matthew Leyburn [2017] ECC Lee 1

The petition comprised two proposals for the Grade II Victorian church: firstly, "a relatively modest re-ordering of the north aisle and related works" and, secondly, the formation of a car park. There was one objector, who chose not to become a party opponent. Applying the approach of the Court of Arches in Re St Alkmund Duffield [2013] Fam 158, the Chancellor was satisfied that the works, if implemented, would not result in harm to the significance of the church as a building of special architectural or historic interest.

Re St. Martin Lichborough [2015] Pittaway Ch. (Peterborough)

There were proposals to reorder the vestry and serving area at the west end of the south aisle of the church (which works were approved by faculty in 2006), to include a lavatory. There was one objector. The Chancellor was satisfied that the petitioners had made a good case for the reordering, and that the proposals would not adversely harm the interior of the church. He accordingly granted a faculty. The Chancellor ordered the objector to pay the costs of the hearing.

Re All Saints Lindfield [2016] ECC Chi 4

The Faculty petition proposed a major reordering of a Grade II* church. The Victorian Society was a party opponent. The Chancellor approved the proposals generally, concluding that the benefits would outweigh any harm to the church. However, he was not prepared to approve the proposed red upholstered chairs. He therefore gave a stay of proceedings for 28 days, to allow for the petitioners to consider the judgment and put forward an alternative proposal for the chairs, which the Chancellor might find acceptable.

Re St. Philip Litherland [2016] ECC Liv 3

The petition proposed a major reordering, the controversial items of which were the removal of the pews and their replacement with upholstered chairs on a carpeted floor, and the removal of the choir stalls. The Chancellor was satisfied that a sufficient case had been made for the proposed works and granted a faculty.

Re All Saints Little Bealings [2018] ECC SEI 1

The faculty petition proposed a major reordering of the 13th century church, including removal of most of the pews and installation of a kitchen, which would support a proposed 'cafe hub'. The rationale for the proposals was to stem the decline of attendance at the church and encourage further church and community use, rather than risk closure. The Chancellor was satisfied that a good case had been made for the changes and granted a faculty for all but one item in the proposals.

Re Holy Trinity Long Itchington [2018] ECC Cov 3

In 2016 the Chancellor had granted a faculty for reordering works including the replacement of the pews with chairs. He had declined to approve upholstered chairs, but approved the introduction of unupholstered chairs. The petitioners now sought, after much research and consultation, an amendment of the 2016 faculty to authorise a different type of upholstered chair with upholstered seats and upholstered back pads within a wooden frame. The Chancellor concluded that "as the chairs are to have wooden frames and those frames are to have a dark stain applied to them, the additional visual impact of upholstered back pad, though real, will be modest. That additional impact is outweighed by the benefits to be obtained and by the fact that such chairs are the clear preference of the worshipping community after what I accept has been careful consideration of the alternatives." He therefore directed that the faculty granted in 2016 be amended accordingly.

Re Holy Trinity Long Itchington [2016] ECC Cov 7

The petitioners wished to remove the Victorian pews from a Grade II* listed church and replace them with wooden upholstered chairs. The Victorian Society and Historic England both accepted that the pews were of no particular merit, but objected to them being replaced with upholstered chairs, though they did not wish to be parties opponent. The Chancellor granted a faculty for the removal of the pews, on condition that the replacement chairs should be unupholstered and of a design to be agreed between the petitioners and the Diocesan Advisory Committee, and in default of such agreement to be decided by the Court.

Re St. Botolph Longthorpe [2017] ECC Pet 1

The Chancellor granted a faculty to authorise a major scheme of reordering, which included the removal of pews and their replacement with hardwood chairs and benches; moving the font and the organ; replacing the altar against the east wall and installing a free-standing altar at the west end of the chancel; and removing the rood screen. Notwithstanding the objections of ChurchCare, Historic England, and the Victorian and Twentieth Century Societies, the Chancellor was "satisfied that the reordering is part of an overall holistic scheme for a thriving church community, which will be a major public benefit outweighing any harm."

Re St. Botolph Longthorpe [2017] EACC 4

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.

Re St. James Louth [2018] ECC Lin 1

The proposal was to remove the worn Victorian tiles at the west end of the nave, apart from those around the font, and to replace them with Cadeby limestone paving to match the paving laid to replace the Victorian tiles in the remainder of the nave 20 years previously, when the Parochial Church Council was unable to replace all the tiles in the nave. Heritage England and the Victorian Society objected. The Chancellor was satisfied that any harm to the significance of the church as a building of special architectural or historic interest would not be serious, and he accordingly granted a faculty.

Re St. Luke Maidenhead [2017] ECC Oxf 1

Notwithstanding his concerns that there had not been adequate consultation during the faculty process, the Chancellor granted a faculty for reordering, which included the creation of a new vicar’s vestry in the Parish Centre; rearrangement of the west end of the church, including the removal of 6 pews, to provide additional storage, the serving of refreshments after services, and a larger meeting space.

Re St. Dunstan Mayfield [2016] ECC Chi 1

The petitioners sought a faculty for a re-ordering of the chancel and north aisle, to include work to the floor, the removal of the choir pews and the relocation of some solid oak screens from the chancel to improve sight lines. The amenity bodies, for the most part, did not approve of the removal of the choir pews and relocation of the screens. The Chancellor found that, on balance, the public benefit would outweigh the likely harm that would ensue from the proposals and that it was therefore appropriate that a faculty should issue.

Re St. Luke Middlestown [2018] ECC Lee 1

The petitioners were the priest in charge and a churchwarden of an unlisted church built in 1974. Their proposal was to remove 18 pews and introduce 100 wooden chairs with red upholstery. The DAC did not recommend the proposal, stating that the chairs were heavy and would be difficult to move, and the dark red upholstered chairs would be detrimental to the light levels and appearance of the church interior. At a visit to the church and to a neighbouring church, which already had the same type of chair as that proposed, the Chancellor was satisfied that the chairs were not too heavy or difficult to stack. Moreover, the existing pews (acquired from another church) were painted with a yellowish colour and were looking chipped and tired, and they easily slid on the parquet floor, if leaned on. The Chancellor was satisfied that the chairs were a better and more comfortable alternative to the pews and he therefore granted a faculty.

Re St. Michael Musbury [2001] Sir David Calcutt Ch. (Exeter)

There was a proposal to install a ringing floor and stairs in the church tower. The reason for the application was that the choir and ringers had to share the same space in the tower before services for robing and ringing. The Chancellor was satisfied that the project would result in distinct advantages and accordingly granted a faculty.

Re All Saints Ockbrook [2016] ECC Der 1

The Chancellor refused to grant a faculty for the removal of a number of short side aisle pews as, in applying the guidelines in Re St. Alkmund Duffield, he found that the petitioners had failed to provide a clear and convincing justification for the removal of the pews. He stated that if the PCC wished to remove the pews they should produce a more comprehensive plan for re-ordering the interior of the church. The Chancellor refused to grant a faculty for the removal of a number of short side aisle pews as, in applying the guidelines in Re St. Alkmund Duffield, he found that the petitioners had failed to provide a clear and convincing justification for the removal of the pews. He stated that if the PCC wished to remove the pews they should produce a more comprehensive plan for re-ordering the interior of the church.

Re All Saints Odiham [2016] ECC Win 1

The Associate Rector and Churchwardens petitioned for the removal of the nave and aisle pews. The church has no associated church hall and was seeking to adapt its building for use for both community and church-based activities. Objections were received from two private individuals, and concerns were expressed by the Victorian Society, the Society for the Protection of Ancient Buildings and the Local Planning authority, all of whom suggested alternative proposals involving the retention of some pews. The Deputy Chancellor made it clear that it was not for the objectors to put forward alternative proposals, but for the Chancellor to decide whether a convincing case had been made out for the actual proposals in the petition. Faculty granted.

Re St. John the Baptist Old Hutton [2016] ECC Car 4

The Chancellor granted a faculty for (1) the removal of two rows of pews at the west end of the church, in order to create an area of more flexible use; (2) the provision of kitchen facilities in the vestry; (3) a hatch in the vetry screen; and (4) various electrical works.

Re St. Bartholomew Otford [2017] ECC Roc 4

Extensive reordering works were proposed for the Grade I church. There were several written objections, but none of the objectors wished to be a party opponent. There were no objections from the amenity societies consulted. The Chancellor, being satisfied that the petitioners had made out a good case for the works (" ... the proposed changes will result in greater liturgical freedom, pastoral well-being, involvement of the congregation, opportunities for mission and use of the church generally"), granted a faculty.

Re St. Chad Pattingham [2014] Stephen Eyre Ch. (Lichfield)

The Priest in Charge and the churchwardens petitioned for a faculty to remove the existing Victorian storm porch and to replace it with a porch consisting of glass doors in a timber frame. The Diocesan Advisory Committee and English Heritage supported the proposals. The Victorian Society felt that the new doors would be too reflective. The architect explained that the doors would be set back and would therefore not have the reflective appearance the Victorian Society feared. The Chancellor granted a faculty.

Re St. Peter Pilning [2016] ECC Bri 6

An extensive reordering was proposed for a Grade II listed Victorian church. The Victorian Society and Heritage England, though not parties opponent, objected to the replacement of most of the pews with chairs, replacement of the dado panelling and replacement of the stone and wood floor with new wooden flooring. The Chancellor determined that the resulting public benefit (including liturgical freedom, pastoral well-being, opportunities for mission, and putting the church to viable uses that were consistent with its role as a place of worship and mission) would outweigh any harm that would be caused by the changes.

Re Plaxtol Parish Church [2017] ECC Roc 3

There had been a scheme for reordering parts of the church, most of which had already been approved by the Chancellor. The only outstanding item was the proposed introduction of carpets in the nave. The Diocesan Advisory Committee was of the opinion that carpet was not appropriate for a Grade II* church, "being too domestic in appearance". Historic England (though it did not wish to be a party opponent) objected that the introduction of carpet would be harmful to the significance of the building. The Chancellor was however satisfied that the petitioners had made out a good case for the introduction of carpet and did not feel that it would have the adverse impact claimed by Heritage England. He therefore granted a faculty.

Re St Wilfred Portsea [2018] ECC Por 3

The proposal was to remove from the unlisted mission church, built in 1907, two World War I war memorials and a soldier's grave marker and place them on display with other WWI material in the adjacent community room, where they would be more visible and accessible to the community. Two objectors felt that placing the items in a community room was inappropriate, and would detract from the respect and reverence with which they should be treated.

Re Holy Trinity Poynings [2017] ECC Chi 3

The petition related to the south transept of the Grade I church and the installation of underfloor heating beneath a new stone floor; the provision of a discreet tea point; and the introduction of heritage boards. The historic memorial slabs laid into the floor would be left in situ, covered by the heating elements and the new floor. The Society for the Protection of Ancient Buildings entered an objection and became a party opponent. The Chancellor dismissed the petition. He took the view that the proposals were unlikely to achieve what the parish seemed to want, namely, to heat the whole church which is ‘intolerably cold’ for several months of the year. The proposed underfloor heating in the south transept would only provide a partial solution, and one which would be largely compromised due to the inability to isolate the south transept as a sealed environment.

Re St. Margaret of Antioch Rainham [2017] ECC Roc 2

The petitioners applied for permission to carry out some reordering works, which included the removal of three areas of pews, additional storage cupboards and the introduction of stackable chairs. The Victorian Society (which did not seek to be a party opponent) objected that the stackable chairs would "cause gratutitous harm" to the Grade I listed church. The Chancellor was satisfied that the petitioners had made a good case for the proposals and accordingly granted a faculty.

Re St. Denys Ravensthorpe [2018] ECC Pet 1

The reordering proposals included the construction of a WC and servery, the removal of a pipe organ installed in 1958 and its replacement with a digital organ. Two parishioners objected to the proposals. The Chancellor was satisfied that the proposed scheme would not cause harm to the significance of the church as a building of special architectural or historic interest and accordingly granted a faculty.

Re St. Mary Magdalene Richmond [2017] ECC Swk 7

Various items of reordering were proposed, including the replacement of the pews and pew platforms with high quality pew benches and a new stone floor with under-floor heating. The Victorian Society objected to the removal of the red and black machine made quarry tiles in the central aisle. There were also reservations from consultees regarding whether the ledger memorial stones in the nave floor should remain where they were, as part of the new scheme, or be moved elsewhere. The Chancellor granted a faculty for all the works, including the removal of the Victorian quarry tiles, subject, to the ledger stones remaining in their pre-reordering positions.

Re St. Peter & St. Paul Rustington [2016] ECC Chi 6

This judgment is supplemental to a judgment given by the Chancellor in June 2015, when he approved a scheme of re-ordering, but postponed a decision on the type of chair to replace the pews, in order to give the PCC more time to consider various options. In the present judgment, the Chancellor declined to authorise two types of chair (some for 'core' seating and some for 'supplementary' seating). For the sake of uniformity, he authorised only one type of chair: "Introducing a variety of chairs from two different manufacturers, some with arms, some without, some upholstered, some not, would compromise the genius of the reordering which is to create a unified and holistic worship space."

Re St. Matthew Salford Priors [2016] ECC Cov 4

Proposals for reordering related principally to the south aisle of the church, which is wider than the nave. The church has a Grade I listing, and is described as "heavily pewed". The main proposal was to remove the pews from the south aisle and replace them with stackable, chrome-framed, upholstered chairs, in order to provide greater and more flexible use of the south aisle, the church not having a church hall. The Chancellor was satisfied that the benefits to the church of replacing the pews outweighed any harm caused by their, and therefore granted a faculty for the replacement of the pews. However, he did not grant permission for chrome-framed chairs, but approved stackable Howe 40/4 chairs in oak frames, which had been considered as an alternative, but were more expensive. Appended to the judgment are further directions regarding the approval of Theo oak stacking chairs made by Chorus.

Re St Philip Scholes [2016] ECC Lee 5

The unlisted church had been built in 1966. A font constructed from brick, and clad in marble, had been removed from the church and broken up without the authority of a faculty. The stainless steel bowl, which had been part of the font, had been incorporated into a wooden, moveable font. The Chancellor granted a confirmatory faculty for the disposal of the old font and the incorporation of the stainless steel bowl in the new font. The judgment contains a discussion of the law relating to the disposal of redundant fonts.

Re St. Alphege Seasalter [2017] ECC Can 2

The proposed works included: glazed frameless inner doors; a new limestone floor with under-floor heating; the removal of a plywood ceiling, the oak reredos on the east wall, 1950s pews, a replacement organ, lighting and cables; the provision of new lighting and projection facilities; the introduction of chairs; and the construction of a freestanding ‘extension’ building in the churchyard. Five objectors did not wish to be parties opponent. The Deputy Commissary General deemed the changes wholly appropriate and granted a faculty.

Re All Saints Shawell [2016] ECC Lei 3

The Chancellor authorised the removal of a block of pews from the north-west corner on the Grade II* Victorian church, in order to allow the installation of a disabled toilet and a servery.

Re Holy Trinity Sittingbourne [2018] ECC Can 1

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.

Re St. Mary Southampton City Centre [2018] ECC Win 3

The proposed re-ordering was to facilitate a project by the diocese to establish a new congregation at the church, in association with Holy Trinity Brompton and its Churches Revitalisation Trust. The works included wheelchair access; the removal of a screen containing a kitchen and lobby; the introduction of a new screen to form a lobby to west door, incorporating a coffee bar and storage; a new external door; two screens under the tower to create a chapel; a screen to create a narthex; and the removal of an existing WC pod. The Chancellor granted a faculty.

Re Holy Trinity Southport [2016] ECC Liv 5

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."

Re St. Mary and St. Nicholas Spalding [2016] ECC Lin 5

The petitioners sought a faculty to authorise the installation of servery units in an 'L' shape in the south-west corner of the church. Historic England objected to the 'L' shape and felt that the two arms of the 'L' should be separated, leaving space in the corner. The Chancellor granted a faculty for the works as proposed: "I judge that if the units were moved apart leaving a gap in the corner the separation will lead to a spread of ‘kitchen activity’ over a wider area and leave a gap in the corner which will inevitably become filled with unattractive items."

Re Holy Trinity Stockton on the Forest [2016] ECC Yor 2

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.

Re St. Botolph Stow Bedon [2016] ECC Nor 1

A re-ordering project included the removal of all of the nave pews and their replacement with chairs; the installation of a new kitchenette and chair store at the west end of the building; the relocation of the font; and replacement of the dangerous wooden pew platforms with a simple engineered timber floor. The Chancellor refused to grant a faculty: "... the circumstances and needs of the parish relied upon at present do not justify the changes sought because those needs can be met with a less harmful scheme."

Re Christ Church Summerfield [2016] ECC Bir 2

The petition proposed an extensive reordering of the Grade II late Victorian church, which would "provide a more flexible space, improved facilities, proper disabled access, proper facilities for families and children, modern heating, modern lighting and a more attractive physical environment to develop the Parish's mission." The Chancellor granted a faculty for the proposed works, with the exception of the proposal to cover all the Victorian tiles in the nave with a wooden floor. The Chancellor stated that he would deal with the issue of the floor by way of an addendum to the judgment, after the parish had had a further opportunity to discuss the matter with the Victorian Society, who had objected to all the tiles being covered.

Re Christ Church Surbiton Hill [2018] ECC Swk 2

In 1971 there had been a major reordering of the Grade II Victorian church, which included (inter alia) a re-orientation, so that the pews (made free-standing) faced north towards a dais on which the Holy Table was positioned; the nave was also carpeted. A new major reordering was proposed, to include returning to the original orientation (east-west), replacing the carpet with tiles and replacing the pews with upholstered chairs with metal frames. The Victorian Society objected to the proposed tiles and the upholstered chairs. The Chancellor decided that the proposals were reasonable and granted a faculty. In his judgment, the Chancellor makes some comments on the second of the 'Duffield' questions and also on the status of the CBC's guidance regarding chairs.

Re Christ Church Upper Armley [2017] ECC Lee 5

There was an application for the permanent removal of the Victorian pulpit, which had been moved from its original position under the authority of an Archdeacon's Licence for Temporary Reordering in 2015. The Chancellor was satisfied that the harm likely to be caused by the permanent removal of the pulpit was low, and he accordingly granted a faculty. However, he pointed out that the petitioners and the Archdeacon were in breach of the Faculty Rules, which require that, where a temporary licence has been granted, the Archdeacon has a duty to inform the parish concerned that the licence is due to expire and to require them to make an application for a faculty, if apppropriate; also an application for a confirmatory faculty must be made by the petitioners not less than two months before the expiry of the licence, which had not been the case here. This was therefore a salutory lesson to PCCs and Archdeacons to keep records of the expiry dates of temporary licences.

Re St. Mary Upton (or Overchurch) (Order) [2016] ECCY 1

In 2016 the Chancellor of the Diocese of Chester granted a faculty for the proposed new church centre. An application was subsequently made by the objectors to the Chancery Court of York for leave to appeal. By an Order dated 20 December 2016, the Auditor of the Chancery Court gave leave to appeal on only one of the grounds put forward by the objectors. The appeal to the Chancery Court of York was later withdrawn as the result of a Consent Order.

Re St. Mary Upton (or Overchurch) [2016] ECC Chr 2

The Chancellor granted a faculty for the proposed new church centre. Following the judgment an application was made by the objectors to the Chancery Court of York for leave to appeal. By an Order dated 20 December 2016, the Auditor of the Chancery Court gave leave to appeal on only one of the grounds put forward by the objectors. The appeal to the Chancery Court of York was subsequently withdrawn as the result of a Consent Order. See Re St. Mary Upton (or Overchurch) (Order) [2016] ECCY 1.

Re St. Mary Upton (or Overchurch) [2015]

In 2015 a petition was presented in the Diocese of Chester, seeking permission to construct a new church centre at Upton St. Mary at a cost of £1.6m. This would involve the demolition of an adjacent hall. There were objections. On 30 November 2015 the Chancellor gave an interim judgment dealing with the question of whether the adjacent building was within the curtilage of the church. The Chancellor concluded that it was, and so it was within his jurisdiction. For the chancellor's full judgment, see Re St. Mary Upton [2016] ECC Chr 3.

Re All Saints Waldron [2016] ECC Chi 3

The proposals were for a reordering of the north aisle by removing the pews and lowering the Victorian softwood timber pew platforms to the same level as the ceramic tiled gangways, to create a large area for multi-functional use. Provision was to be made for the installation of a servery and cupboards, and for the area to be rewired and a new lighting system installed. The petition contained no proposals for replacing the removed pews with chairs. The Chancellor was satisfied that the petitioners had made a case for the reordering, but declined to grant a faculty until the design, make and number of replacement chairs for the north aisle had been approved by the court.

Re St. Elphin Warrington [2016] ECC Liv 1

The proposed works as set out in the Petition included: "to reorder the chancel area to provide a raised platform which will be level with the current chancel steps; to provide a movable Nave Altar to be crafted from two redundant two- seater stalls; to provide a three sided dais complete with removable altar rails to allow people to kneel when receiving Holy Communion and to provide a stage area when hosting school concerts and choirs". The Victorian Society objected, but did not become a party opponent. On the basis that the applicants were motivated by a real desire to make the church more accessible both to the community and to the congregation in terms of their participation in the Liturgy, and that the proposals were completely reversible, the Chancellor granted a faculty.

Re St. John Waterloo [2017] [2017] ECC Swk 1

The Chancellor refused to grant a faculty for reordering proposals within the early 19th century Grade II* church. The church had been bombed during the Second World War, and had been restored in time for the opening of the nearby Festival of Britain Exhibition of 1951, according to designs of the architect Thomas Ford. The Chancellor conluded that there was no sufficiently clear and convincing justification for carrying out the proposals which would outweigh the potential harm to the 1951 interior scheme.

Re St. John Waterloo [2017] EACC 3

The Dean of Arches gave leave to appeal on only two of five grounds set out in the application. He also gave directions as to costs. (The petition contained proposals for reordering works in the church. See Re St. John Waterloo [2017] ECC Swk 1)

Re St. Mary Watford [2017] ECC StA 1

The petition proposed a major reordering, including the removal of pews from the nave and their replacement with Howe 40/4 chairs; alteration of choir pews and other reordering of the chancel; installation of underfloor heating; extensive re- flooring; removal of walls at the west end of the church and installation of glass screens and doors. The Victorian Society was a party opponent. The Deputy Chancellor granted a faculty, concluding that this was an exceptional case where extensive reordering was necessary to meet the needs of the church and the local community.

Re St. Peter Welford-on-Avon [2016] ECC Glo 1

The Petitioners wished to replace the Victorian pews with 64 solid chairs and 48 folding chairs (the folding chairs to be housed in three purpose-built wooden cabinets). The written representations of 25 objectors were taken into account. Amongst the evidence it was contended that the pews were of historical significance as they were thought to have been designed by Sir George Gilbert Scott. The Deputy Chancellor concluded that there was insufficient evidence to justify such contention. The Deputy Chancellor granted a faculty, subject (inter alia) to the retention of eight short pews.

Re St. Thomas Werneth [2017] ECC Man 1

Proposed reordering works included re-ordering the replacement of the current heating system, the replacement of the pews with chairs, the installation of new flooring, the installation of a new kitchen and disabled toilet facilities, the improvement of access for those in wheelchairs and the converting of the warden`s pews at the back of the nave into cupboards. The purpose of the re-ordering of the Church was to open up the Church for community use, as part of its outreach to the mainly Muslim community in the parish. The Chancellor was satisfied that the reordering would be a major public benefit outweighing any harm resulting from it.

Re All Saints West Burnley [2017] ECC Bla 6

The Chancellor granted a faculty for the replacement of the pews in the centre of the church nave and the chairs in the north and south aisles with new wooden chairs having upholstered seats and backs. The judgment contains a discussion by the Chancellor on the nature of the Church Buildings Council Guidance on Seating and its application.

Re St. Paul Woodhouse Eaves [2016] ECC Lei 1

The Chancellor had to consider the question as to whether, in the absence of a bishop during a vacancy in see, he could authorise the installation of an aumbry in the church. After considering the law and current practice, he determined that he could. Accordingly, a faculty was granted.

Re St. Mary the Virgin Wotton-under-Edge with Ozleworth [2017] ECC Glo 3

The proposed reordering works included removal of some pews; alterations to the low wall between nave and chancel; creation of storage units in the Berkeley Chapel; raised platform in front of the choir and new nave altar; display cabinets near font; servery; toilets; glazing of tower arch and a new screen wall in front of the tower. The main object was to provide a more welcoming and useful space, especially for large gatherings. There were several objectors to the proposals, but no parties opponent. The Deputy Chancellor granted a faculty for all the works.

Re St. Gregory and St. Martin Wye [2016] ECC Can 2

The proposalhttps://www.ecclesiasticallawassociation.org.uk/administrator/index.php?option=com_modules&view=modules#s for the Grade I listed church included the removal of the fixed pews in the nave, north aisle and choir, and their replacement with new moveable pew benches; also, the installation of underfloor heating. The Commissary General granted a faculty, but expressed concern that a contract had been signed with the contractor before the petition had been referred to her.