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Alphabetical Index of all judgments on this web site as at 10 September 2024

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2023 Judgments
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2021 Judgments

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The Rector and Churchwardens of St Mary Magdalene Adlestrop petitioned to install a hatchment in the Church in memory of the late Mrs. Collins of Adlestrop Park. The Chancellor granted a faculty. The judgment contains a discussion of the nature of hatchments and their placement in church buildings.

The petitioners wished to install 48 solar panels on the south-facing nave roof of the church, to help to reduce heating costs and also reduce carbon dioxide emissions. The Diocesan Advisory Committee decided not to recommend the proposals. English Heritage and the Victorian Society objected, but were not parties opponent. The Chancellor was satisfied that the petitioners had proved a necessity and accordingly he granted a faculty.

This was an appeal from a decision of the Chancellor of the Diocese of Peterborough, who had refused to grant a faculty for the sale of certain items of church silver. The reason for the proposed sale of the "redundant" silver had been to start a fund to meet the cost of building an extension to the church. The Court of Arches dismissed the appeal for the reasons given by the Chancellor in his judgment: the application to sell the silver was premature; there was no immediate financial crisis; planning permission had not yet been obtained (in fact planning permission had been refused two years earlier and no appeal had been made against the decision); there had not yet been any appeal for funds, and so one could not argue that the proceeds of a sale of the silver were vital to the completion of the project.

The Incumbent and Churchwardens sought permission to sell a Georgian silver flagon and matching alms dish dated 1774, a silver chalice and paten dated 1570 and the surviving part of an illuminated medieval missal. The Council for the Care of Churches suggested that the missal should be deposited in the County Records Office. This was agreed, and a faculty was granted in respect of that item. The silver had not been used for over 20 years and the proposed sale was with a view to starting a fund to cover the cost of an extension to the church, the cost of which would be in th region of £300,000. The Chancellor refused to grant a faculty for the sale. Church silver should only be sold as a last resort. The application to sell the silver was premature. There was no immediate financial crisis. Planning permission had not yet been obtained. In fact planning permission had been refused two years earlier and no appeal had been made against the decision. There had not yet been any appeal for funds, and so one could not argue that the proceeds of a sale of the silver were vital to the completion of the project.

The petition sought permission for the filming inside the church of a scene for a film entitled ‘28 Years Later’, portraying “a post-apocalyptic world in which people are largely infected by a ‘rage’ virus which leads them to violence”. The Diocesan Advisory Committee did not recommend approval of the proposal and one member of the Parochial Church Council objected, but did not become a party opponent. The Chancellor considered Canon F15, “Of churches not to be profaned” and Canon F16, “Of plays, concerts and exhibitions of films and pictures in churches”. He also considered advice given in the Diocese of London concerning the use of churches for filming. He concluded that the scene to be filmed would be “intrinsically objectionable” and that “it would be inappropriate to permit it to take place.” He therefore refused to grant a faculty. There is an appendix to the judgment regarding the costs of the proceedings.

The Chancellor granted a faculty to authorise the installation of an electronic bird deterrent, in order to discourage pigeons from nesting in the north porch of the church and fouling the stonework. The deterrent consists of wires laid into a rubberised strip, which gives a mild electric shock to birds landing on it. The judgment contains a discussion of the relevant legislation relating to the protection of wildlife.

Faculty granted for the sale to the National Maritime Museum of two flags taken from the Battle of Trafalgar, one a Union Flag from HMS Minotaur, the other an Austrian ensign believed to have been taken from the Spanish ship Neptuno.

Faculty granted for votive candle stand. Judgment contains a discussion as to the legality of the use of votive candles in church.

In November 2023, the Chancellor had granted a faculty to allow the replacement of 209 late 19th century ladderback chairs with 120 new Abbey chairs from Trinity Church Furniture. The grant of the faculty was subject to there being no objections in response to public notices. In the event notices of objection were received from eight people, who did not wish to become parties opponent. The Chancellor now decided that the petitioners had demonstrated a need for new chairs and he was satisfied with the design of chair chosen. 

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 ..."