Ecclesiastical Law Association

Ecclesiastical Law Association

Re Christ Church Spitalfields [2017] ECC Lon1

Note: The attached judgment, dated 12 March 2017, is the final version. A draft was previously available on this web site and on another site. If you downloaded the draft version, please delete it and download the attached version.

In 1970, a recreation centre for children had been erected on part of the consecrated churchyard, adjacent to the Church of England School. In 2012 the Chancellor had granted a faculty for the demolition of the 1970 building and the erection of a new school and community building in its place. There was no party opponent to the application. In 2014 an application was made by Spitalfields Open Space Ltd. for a restitution order requiring the new building to be demolished, as it had been erected unlawfully on consecrated ground. The Chancellor dismissed the application. There was an application for an appeal to the Court of Arches. The Rector subsequently applied for a confirmatory faculty. The The Court of Arches remitted the application for a restitution order for determination by a Deputy Chancellor, who granted a confirmatory faculty for the building.

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