Reordering

The petitioners sought a faculty for an extension to be added to the north side of the church and for internal re-ordering, including replacement of the pews with partially upholstered chairs, some new furniture, disposal of the pulpit and lectern, the relocation of a chest tomb, and the introduction of a nave plinth. The Victorian Society argued that the loss of all the pews would rob the church of its character, and the removal of the pulpit could not be justified. Also, it did not consider upholstered seating appropriate. A number of parishioners also raised objections. Taking the proposals as a whole, the Chancellor was satisfied that they would provide a better environment for the varied worshipping needs of the church, community events and provision for children's activities. The Chancellor therefore granted a faculty.

The Chancellor granted a faculty to allow the installation of a projector screen in a housing over the chancel arch of the church and a fixed projector, to replace the existing arrangement of erecting a portable screen and placing a portable projector on a flower stand in the pews. He based his decision on the grounds of visibility and safety. The Chancellor was satisfied that, "The impact on the appearance of the church will be modest and the benefits to be obtained by the proposed works are sufficient to overcome the presumption against change."

The proposals were to alter the floor levels inside and outside the south porch and adjust the doors, to improve access for those with disabilities; to create a new doorway in the north wall, as a fire escape, and to remove and dispose of the pipe organ from the place where the new fire door would be inserted, with the intention of later installing an electronic organ. There were six letters of objection, and the Diocesan Advisory Committee did not recommend of the disposal of the organ. The Chancellor granted a faculty for the works to the porch and the new fire exit door, but he was not satisfied that it was appropriate to authorise the removal of the pipe organ at this stage, as possible relocation of the organ within the church had not been fully explored, nor the alternative of replacing the organ with a smaller pipe organ, and the petition did not request authority for the installation of a particular electronic organ.

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.

An application had been made by a private individual for a restitution order against the Archdeacon, requiring him to replace the pews which had been removed from the church in the summer of 2020, on the grounds that their removal was not permitted by a licence for temporary minor reordering, and was therefore unlawful. The Archdeacon had not actually given permission for the pews to be removed. They had been removed by the Churchwardens and Parochial Church Council (PCC), who subsequently undertook to return the pews to the church in October 2021, but did not do so until December 2021. The Commissary General gave directions for the Archdeacon to be removed as the respondent and replaced by the Churchwardens and PCC. The Commissary General also considered it appropriate, in the interests of certainty, to issue a restitution order, and he directed that the new respondents should pay the costs of the application and of the hearing.

In Re St. Leonard Hythe [2023] ECC Can 2, the petitioner had applied for a restoration order in respect of an altar which had been moved to the head of the nave, on the basis that no lawful authority had been granted for such use. The Commissary General had dismissed the petitioner's application. The petitioner applied for leave to appeal. The Dean of the Arches refused to grant leave to appeal. The main ground of appeal was that it was unlawful to move an altar in a church without the authority of a faculty. The Dean referred to Canon F2, which states that, if there is any dispute as to where an altar is to be positioned, it should be determined by the Ordinary. In relation to another ground of appeal, that the altar had been installed without authority, the Dean pointed out that, as the altar had been installed more than six years ago, the court had no jurisdiction to make a restoration order (Section 72, Ecclesiastical Jurisdiction and Care of Churches Measure 2018).

The petitioner applied for a restoration order in respect of a portable altar which had been used on the chancel steps at the head of the nave, on the basis that no lawful authority had been granted for such use. Shortly after the application, the newly arrived priest-in-charge approached the archdeacon, seeking a Temporary Minor Reordering Licence, to allow the altar to be used occasionally for a trial period, after which the Parochial Church Council could decide whether it wished to apply for a faculty to make the arrangement permanent. The archdeacon granted a licence. The petitioner claimed that the granting of the licence was an 'abuse' of legal process to defeat his application. The Commissary General disagreed and dismissed the petitioner's application. If the church council applied for a faculty to make the arrangement permanent, the petitioner would then have an opportunity to object.

The petitioners proposed the creation of an extension and new entrance linked to the west door of the church, including kitchen and WC facilities, and also pew removal and extensive reordering of the main part of the church building. The proposals were opposed by a number of amenity societies and the Local Planning Authority, though only the Victorian Society became a party opponent. The Chancellor refused to grant a faculty. Whilst he saw a clear justification for some parts of the proposals, he did not consider that, overall, the justification outweighed the potential harm to the Grade II* church.

The incumbent and churchwardens applied for a faculty to permit various items of reordering in order to provide facilities in the church for a wide range of church and community events in what is a fairly isolated village. The proposals included 2 WCs, a "kitchen pod", a new staircase and ringing floor, new cupboards, replacement of the pews with wooden unupholstered chairs, moving of the font, new underfloor heating, new flooring, new lighting, solar panels, an air source heat pump, and new water and sewage services. A local objector claimed that no detailed costings had been carried out, and he challenged the assumptions about community use. The amenity societies involved had reservations about the kitchen facilities being enclosed, because of the impact of the walls on the surrounding church fabric. The Chancellor granted a faculty, to enable the petitioners to move forward with obtaining funding, but he reserved a decision as to whether the kitchen facilities should be enclosed or not until he had visited the church and made a final decision.

The proposals were to increase the size of the stage upon which the altar was situated; to install a new screen for the projector; and to move the Cross from its present position to the left side of the church, as it would otherwise be partially blocked by the new screen. There was one objection to the proposed repositioning of the Cross. The objector suggested an alternative position, which was agreed by the Parish, and a facutlty was granted for the Cross to be moved along the wall towards the stage opposite the entrance door, so that it would be viewed clearly when entering the worship area.