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

Index by Dioceses of 2022 judgments on this web site as at 1 October 2022

Reordering

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The original stone floor of the church was on a slope and the pew bases were at different heights. The proposal was to remove the pews and pew bases and install a new floor ‘floating’ above the original floor, to create a smooth, flat surface. The Chancellor granted a faculty, subject to the condition that the choice of chairs to replace the pews was to be overseen by the acting Archdeacon.

The petition proposed the reordering of the north aisle of the Grade II* Victorian church by the removal of 10 pews and the introduction of 30 new stacking chairs and 5 new stacking tables, in order to provide space for meetings for adults or children, the serving of food, musicians, parking of push-chairs and chair seating for services. The Victorian Society and Historic England submitted objections, but were not parties opponent. The Chancellor granted a faculty, being satisfied that the public benefits that would arise from the proposals would outweigh the harm they would cause to the significance of the  building.

A proposed reordering of the church included: removal of all the pews from the nave and side aisles; creation of a raised level floor throughout with underfloor heating; creation of 'pods' within the south and north aisles to house an office, kitchen and meeting room space above and chair storage; four WCs; relocation of the font; glazing in of the south transept chapel; glazed draught lobby. There were local objections and objections from some of the amenity societies. The Victorian Society made a formal objection. They objected to the pods, the removal of the pews, the raising of the floor, the impact loss of the removal of the chancel step, the underfloor heating above the columbarium , the glazing of the memorial chapel. The Chancellor granted a faculty: ‘I have, of course, considered the St Alkmund, Duffield test.  Are these “exceptional circumstances” where the public benefit outweighs the level of harm … It is with a somewhat heavy heart that I have to find that the needs of the parish and its current congregation are such that that test is made out.’

The petition proposed a major reordering, the controversial items of which were the removal of the pews and their replacement with upholstered chairs on a carpeted floor, and the removal of the choir stalls. The Chancellor was satisfied that a sufficient case had been made for the proposed works and granted a faculty.

The proposal was to replace the main block of nave pews with chairs. The petitioners wished to create a more flexible space for church and community use. The pews were part of a refurbishment by the architect George Gilbert Scott in the mid-nineteenth century.  The Victorian Society and Historic England submitted written objections to removal of the pews. Bearing in mind that access to "The Hub" (which was installed under faculty in 2004, to provide a servery, a lavatory, a vestry and a meeting room in the north-west corner of the church) was difficult, and moving The Hub was not viable, the Chancellor considered that the removal of the pews appeared to be a realistic way of freeing up space, in order to promote worship and mission; and the harm to the church by the loss of the pews would be outweighed by the benefits. He accordingly granted a faculty.

The petition proposed the demolition of an unlisted Victorian church building and its replacement with a multi-purpose church centre and hall. The original brick church was completed in 1878 and enlarged with a sandstone chancel and vestries added and completed in 1897. The Chancellor determined that the future of the church's mission and its congregation would best be served by a new building, rather than by adapting and maintaining a building which would involve high maintenance costs in the future, if retained. Accordingly, a faculty was granted.

Faculty granted for the installation of an electronic organ to replace a pipe organ in an unlisted 1930s church.

The church of St Richard, Crowborough, within the parish of All Saints Crowborough, dates from 1956 and is unlisted. It is a utilitarian building serving as both a chapel and a community hall. The petitioners sought a faculty to carry out the following work, in order to make the church more suitable for furthering mission to the local community, particularly to young children: removal of timber stage to create more storage space; replacement of exterior sign and notice board; replacement of chairs; fitting of new suspended ceiling; replacement of windows with UPVC double glazed units. Two people gave notice of objection, but did not wish to be parties to the proceedings. In granting the faculty, the Chancellor said: "I am satisfied that the works proposed to this unremarkable and utilitarian building are unobjectionable. The petitioners have discharged the burden of demonstrating that the proposals, including the removal of the stage, are desirable, if the effective ministry of this small but vibrant church community is to realise its potential."

In January 2018, a faculty was granted for some reordering work within the church. The works included the installation of some softplay equipment, which was to be managed by KM Play Ltd., a company limited by guarantee. One of the conditions of the faculty was that, before commencement of the works, there should be binding legal obligations in place between the church and KM Play. This condition was not complied with, but softplay activities took place (apart from during certain periods of the pandemic). The present proceedings were to consider an amendment to the faculty, to authorise and approve a proposed agreement between the church and KM Play. The Chancellor granted a faculty approving the proposed agreement, subject to a condition that it should come to an end on 30 September 2024. If the church wished to renew the agreement, it would need to apply for another amending faculty before then, at which time the operation of the agreement during the intervening period would be reviewed.  (Other conditions required the company to obtain certain confirmations from the Charity Commission, HMRC and the Diocesan Safeguarding Officer.)

The Chancellor granted a faculty for the demolition of some unsightly temporary structures at the east end of the unlisted church and their replacement with permanent brick built structures to accommodate a commercial kitchen, a crèche, lavatories and a food bank.