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

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The petitioners sought to replace certain pews with upholstered chairs in a Grade II listed church. Applying the tests in Re St. Alkmund Duffield, the Chancellor determined that there was clear and convincing justification for carrying out the proposals and that any harm to the significance of the church as a building of special architectural or historic interest would be minor. Faculty granted.

A major reordering was proposed in order to accommodate a huge increase in use of the church following its designation as new Resource Church. The proposed works included replacement of pews with chairs, creation of meeting rooms in the galleries, facilities for hospitality, and a baptistry for full immersion. The Chancellor granted a faculty, being satisfied that the works were necessary to meet the church's needs and support its mission, and that  the needs outweighed the consequential loss of special architectural and/or historic interest that would necessarily follow.

The church, which is listed Grade I, dates back to the 14th century, but the current layout is Victorian. The proposals included removal of the screens on either side of the chancel steps and their relocation on the east wall of the church, adjacent to the high altar and slightly behind the riddle posts, as well as some alterations to the choir stalls. The Chancellor was satisfied that the benefits of the proposals - allowing the congregation to engage more with the Eucharist, due to improved sight lines, and greater flexibility of use for the reordered space - would outweigh what he considered to be a low degree of harm to the church as a building of special architectural or historic interest, and he granted a faculty.

This judgment follows on from an earlier judgment, Re St. Thomas the Martyr Up Holland [2019] ECC Liv 4. There were two further petitions, relating to reordering of the pews, modernisation of the screen and projector and the relocation of the war memorial on the communion rail in the Lady Chapel. The main item was the reversal of alternate pews in the north and south side aisles, so as to create ‘booths’, with tables between the pews, in a café style, to allow for meetings, fellowship and use by children. The project was designed to attract more community use of the church. Although the project would cause some harm to the church, the Chancellor granted a faculty, being satisfied as to the benefits of the scheme and that the turning of the pews would be reversible in the future.

An application was made for a confirmatory faculty in respect of extensive reordering works carried out without prior issue of a faculty. The works related to the creation in the Grade I church of a community hub, which included: removal and disposal of 12 pews; installation of 8 storage cupboards; creation of a servery and a café area with tables and chairs; the installation of a shop area with display units; the installation of a Post Office counter and completion of an agreement with the Post Office; and external signage. The Chancellor granted a faculty but, not being satisfied with the quality of the storage cupboards, the kitchen servery furniture, and the units to the west wall, he made it a condition of the faculty that those items must be replaced within 12 months by furnishings which would be designed to be more in keeping with the character of the church and approved by the Diocesan Advisory Committee.

The petition proposed a substantial reordering, to include: replacement of the remaining pews and some green upholstered chairs with metal framed chairs upholstered in neutral-coloured fabric; the lowering of the timber pew platforms to create a level floor in the nave; the removal of some of the chancel furniture; new lighting and audio-visual equipment; and various repairs. The Chancellor granted a faculty for the majority of the items, but was not prepared for the lectern and reader's desk to be removed, being part of the church's set of liturgical furniture. He also required that once the worn carpet on the chancel step had been removed, the step should remain uncovered.

Proposed reordering works included re-ordering the replacement of the current heating system, the replacement of the pews with chairs, the installation of new flooring, the installation of a new kitchen and disabled toilet facilities, the improvement of access for those in wheelchairs and the converting of the warden`s pews at the back of the nave into cupboards. The purpose of the re-ordering of the Church was to open up the Church for community use, as part of its outreach to the mainly Muslim community in the parish. The Chancellor was satisfied that the reordering would be a major public benefit outweighing any harm resulting from it.

Until recent years the unlisted church had been in decline. In 2021 the Diocese had designated the church as a Resource Church, with a view to developing outreach and growth, with the help of funding from the Church Commissioners. Over the past two years there had been an increase in the worshipping congregation. The church now wished to carry out major reordering, in order to make the church more welcoming and more suited to contemporary worship, which would include the reuse of the chancel as an entrance and welcome area, an altar at the west end and the pews being replaced with upholstered, stackable chairs. There was one local letter of objection. The Chancellor was satisfied that the changes were necessary and granted a faculty.

A major reordering of the Grade I church was proposed, including: a new timber floor with under-floor heating; a new ringing floor and glass screening to the tower; replacement of the pews with light-weight metal-framed chairs with wooden seats and backs; kitchenette and storage facilities; new lighting and audio-visual equipment. The Chancellor granted a faculty, being satisfied that the petitioners had made a good case for improving the church and its usability for both church and community use, in order to prevent further decline in the use of the church.

Faculty granted for the construction of a disabled toilet and storage space in the former organ chamber, and a kitchenette at the west end of the north aisle.