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Alphabetical Index of all judgments on this web site as at 1 October 2022

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Reordering

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

The petition proposed various items of reordering. The Victorian Society had initial reservations about the removal of all but two pews and the replacement of the pews with upholstered chairs, but later withdrew their objection in favour of solid wood (unupholstered) chairs. The Society also objected to the carpeting of the nave and the erection of a partition to create a meeting room, WC and kitchen. The Chancellor granted a faculty subject to a condition that the replacement chairs should be of solid wood and not upholstered.

The Chancellor granted a faculty granted for replacement of a oil-fired boiler with gas boilers, notwithstanding that a parishioner had concern that the proposals would cause unnecessary damage to the building.

The petition included extensive proposals to carry out re-ordering at the (liturgical but not geographical) west end of the church, where a considerable amount of re-ordering had taken place in the 1980s and 1990s. The Victorian Society objected to the replacement with glass doors of two pairs of partly-glazed wooden lobby doors at the Brixton Road entrance. Applying the Duffield principles, the Chancellor found that, "there is clear and convincing justification for the proposals in terms of the benefits to the mission of the church. The benefits outweigh the very limited harm which I have identified to the significance of the listed building." Faculty granted.

The Petition contained proposals for the complete re-wiring and the installation of new and emergency lighting within the Grade II listed church. The Chancellor was satisfied that the proposed works would not alter the Grade II church to such an extent as to be likely to affect its character as a building of special architectural or historic interest and he accordingly granted a faculty.

There were two petitions before the Chancellor, the first relating to the moving of a painting from the reredos to  elsewhere in the church and repositioning an existing cross to take its place. The second petition related to the replacement of the font, which had not been used for 25 years, with a new portable font. There were substantial objections to the two petitions. The Chancellor granted a faculty for both items, subject, inter alia, to a condition that, if no other church could be found to take the font, it should be taken apart and buried in the churchyard.

The Petition sought to make permanent a temporary reordering carried out under an Archdeacon's licence: to relocate the altar to the nave; to remove two front pews (one from either side of the aisle) and making good the floor; and to install two portable communion rails. The Victorian Society and five parishioners objected to the proposals, but did not become parties to the proceedings. The Chancellor was satisfied that the changes did not make a significant impact on the character of the church, and that what small impact they made could be justified by the improvement of access and circulation.

A very extensive reordering of the church was proposed. The main item of concern was the creation of a new entrance at the west end of the church "to enable an open view of the whole nave and chancel from outside thereby creating light, welcome and accessibility". The majority of the amenity societies consulted objected to the moving of the main entrance from the north porch to the west end of the church. The Local Planning Authority originally turned down a planning application for a west entrance, but later approved an amended application. The Chancellor decided that the scheme as a whole was appropriate, and granted a faculty for all the works, with the exception of the proposal to remove the choir stalls. 

Petition for re-ordering, including partial removal or shortening of pews; levelling of floor to improve access; installation of accessible WC; installation of “brew facilities”; installation of a glazed screen to create meeting/creche area; installation  of new heating system. Objections by Church Building Council to partial removal of pews and type of heating. Judgment given on the basis of written representations. Faculty granted.

The petition proposed extensive reordering of the church and the creation of a link between the church and the church centre. The controversial item was a proposal to place a curtain wall behind the three arches at the front of the nave and to create within the then enclosed chancel (designed by the well-known church architect George Pace) a meeting room, an office and storage area on three floor levels. The Chancellor considered that the proposal would harm the special character of the building and that the petitioners should consider alternatively ways of finding the meeting, office and storage space they required. The Chancellor therefore granted a faculty which excluded the proposals for the chancel.