Heating

The Chancellor granted a faculty for a new heating system.

The Parochial Church Council ("PCC") wished to replace the existing heating system with a new condensing boiler and wall-mounted fan convectors and radiators in the ungraded church. The Chancellor granted a faculty, being satisfied that the PCC had considered all alternative options and that the chosen system, "whilst not perfect in terms of carbon emission, was nevertheless a significant stride forward compared to the current system."

The vicar and churchwardens sought permission to replace the existing gas fuelled heating system with a new one, including a new boiler, pipework, radiators and controls in the unlisted, twentieth century church. The Chancellor granted a faculty. The judgment contains some comments by the Chancellor about the need for churches to work towards carbon neutrality.

The petitioners wished to replace the existing three gas heating boilers with three new gas boilers. Whilst the amended Faculty Jurisdiction Rules 2015 provided that due regard must be paid to the Church of England’s net zero guidance, the petitioners had been unable to find an alternative system at reasonable cost, and the proposed new boilers would be more efficient than the old ones. The Diocesan Advisory Committee had accordingly recommended the proposed system. The Chancellor granted a faculty. Although some Chancellors have in similar cases imposed a condition relating to offsetting, in order to meet the challenge of meeting carbon neutrality, the Chancellor decided not to impose such a condition in this case.

The Parochial Church Council (PCC) wished to amend a faculty granted in 2023, for the installation of electric heating so as to substitute Near Infrared ‘Couronne’ chandeliers for the Far Infrared ‘Halo’ chandeliers which had been approved. The advantage of the Couronne chandeliers was that they would save the PCC £40,000; the disadvantages that they were not as attractive as the Halo chandelier and they would give off a red glow. The Chancellor considered that the proposed variation would be a major departure from what had previously been approved and would affect the character of the church as a Grade I listed building of special architectural or historic interest. He accordingly dismissed the petition.

The Chancellor granted an interim faculty for a new church boiler, in view of the urgent need to replace the old boiler. The Chancellor had reservations about approving a gas-fired boiler, bearing in mind the policy of the Church of England to achieve carbon neutrality by 2030. However, a new gas-fired boiler would have an estimated life of 15 years, at the expiration of which period new carbon neutral options may be available and affordable. The evidence was that the current annual cost of running an electric boiler would be over four times the annual cost of running a new gas-fired boiler.

The Parochial Church Council ("PCC") wished to replace the oil-fired boiler with a new oil-fired boiler. The Diocesan Advisory Committee considered that the PCC had not had "due regard" to net zero guidance, as required by the Faculty Jurisdiction Rules 2022. Before their petition had been considered by the court, the PCC arranged the installation of the replacement boiler. The PCC subsequently provided the Deputy Chancellor with information about alternative heating systems, which included a quotation for converting the oil-fired boiler to run on hydrotreated vegetable oil ("HVO") at some stage in the future. The Deputy Chancellor, in view of the PCC's declared aim to decarbonise its heating with the development of an eco-friendly heating system within the next 5 years, granted a faculty, subject to (a) the PCC undertaking accredited carbon offsetting, and (b) the faculty limiting the use of the oil-fired boiler until 2028, when any request for an extension would have to be supported by evidence as to whether there had been compliance with the offsetting condition and whether the boiler had by then been converted to HVO.

In his judgment in Re St. Mary Stalbridge [2024] ECC Sal 1, the Deputy Chancellor granted a confirmatory faculty for the installation of a new oil-fired boiler, subject to conditions, and gave directions as to the provision of further evidence regarding the circumstances in which the boiler was unlawfully installed without the authority of a faculty. After considering further evidence from the petitioners and the heating engineers, the Deputy Chancellor advised the petitioners that in future they must always obtain a faculty (or other authorisation) before they commence any works in the church. He also proposed (after seeking advice from the Diocesan Advisory Committee) to make an order under s.78(3) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, known as an excluded matters order. This would have the effect, for a specified period of time (which he proposed should be two years), of depriving the parish of the benefit of List B authorisations, so that any works falling within List B, which would ordinarily require only the authorisation of the Archdeacon, would, during the specified period, instead require a faculty.

The proposal was to install a buried LPG tank in the churchyard, with pipes leading to the church building. This was intended to power an LPG boiler, which would in turn power the new underfloor heating system which formed part of the works authorised by a Faculty granted in 2023. The Chancellor was satisfied that the petitioners had considered with some care the Church of England’s guidance towards achieving net zero and she accordingly granted a faculty. 

The original gas boiler of the 1950s unlisted church had failed, been condemned as unsafe and removed. The Parochial Church Council wished to install a new heating system with new pipework and radiators and using a new gas boiler. The Church of England had a policy that its buildings should achieve net carbon neutrality by 2030. The Diocese of Southwark had a target of 2035. These policies suggested that churches should replace old gas heating systems with 'green' alternatives. However, in the present case the Chancellor decided that it would be unreasonable not to allow the present proposal and he therefore granted a faculty.