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

Judgments indexed by Diocese:
2023 Judgments
2022 Judgments
2021 Judgments

Re St. Mary the Virgin Selling [2013] Morag Ellis Comm. Gen. (Canterbury)

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.

Re St. Mary the Virgin South Hayling [2014] Philip Waller Ch. (Portsmouth)

The petitioners wished to erect an octagonal extension with a link to the existing north door of the church to provide facilities for a clergy vestry, a meeting room with mezzanine, 2 WCs (including one for disabled), a kitchenette, choir robe store and general storage. This would involve building over graves and the moving of four upright stones and four kerb sets. Objections were received from six people whose family graves would be affected by the proposals. Faculty granted. Chancellor: "... in my judgment the petitioners have demonstrated a clear need for the proposed extension and I am satisfied from all the information available that the nature, design and location of the building are all entirely appropriate and fulfil the intended purpose. It is a matter of regret that established grave sites and markers will be affected by the erection of the new building, but I have reached the conclusion that the proposed extension is necessary if the mission and functioning of the church is to be maintained and developed and that the benefits for the church and for all who use it outweigh the adverse impact on the grave sites."

Re St. Mary the Virgin Sprotbrough [2024] ECC She 4

The petitioners proposed the creation of a social space, including a kitchen hub, at the west end of the south aisle of the church. Which is the most modern part of the Grade I Norman church. The Chancellor granted a faculty, being satisfied that the works did not impact the historical and architectural significance of the church building.

Re St. Mary the Virgin Stansted [2013] John Gallagher Ch. (Rochester)

Faculty for exhumation granted, due to exceptional circumstances (following guidance in Re Blagdon), namely, medical reasons.

Re St. Mary the Virgin Stebbing [2023] ECC Chd 2

Various items of reordering of the church were proposed. Several concerns and objections had been expressed by the statutory consultees, and revisions to the plans had been made. The Chancellor granted a faculty based on the revised proposals. The judgment contains some advice to petitioners in general concerning adequate consultation with the statutory consultees and the preparation of clear plans and specifications, particularly where plans and specifications have been amended.

Re St. Mary the Virgin Stebbing [2024] ECC Chd 1

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. 

Re St. Mary the Virgin Stoneleigh [2022] ECC Cov 7

In 2000 the petitioner's mother died and, in accordance with a wish expressed in her will, her body was interred in a double-depth grave in Stoneleigh churchyard. In 2021 the petitioner's mother's partner died and his body was interred, in accordance with a wish in his own will, in the same grave. The petitioner now applied for her mother's partner's body to be exhumed and reinterred elsewhere, so that the petitioner could be buried in the same grave as her mother in due course. The reason given for the proposal by the petitioner (but without supporting evidence) was that by 2000 the relationship between her mother and her mother's partner had ‘just about ceased’ and there had been an understanding that the petitioner would be buried with her mother. The Chancellor determined that there had been nothing unlawful in the burial of the partner and the petitioner had shown no exceptional circumstances to justify an exhumation.

Re St. Mary the Virgin Tutbury [2017] ECC Lic 2

The priest in charge, a churchwarden and the Chairman of the Tutbury War Memorials Preservation Committee petitioned for a faculty to place two metal wreath holders near to the war memorial in the churchyard. Historic England and the Parish Council objected, the former becoming a party opponent. Historic England felt that the proposed structures were not of sufficient aesthetic merit for the churchyard of the Grade I listed church. The Chancellor, however, was satisfied that what was proposed was of an appropriate quality, and accordingly he granted a faculty.

Re St. Mary the Virgin Walsham Willows [2017] ECC SEI 1

The proposal was to install telecommunications antennae in the Grade I church and to enter into an agreement with the telecommunications contractor. Two parishioners objected, on the grounds that people could suffer from harmful radiation, but they did not wish to become parties opponent. The Chancellor granted a faculty. Referring to the Court of Arches judgment in Re Emmanuel Church, Bentley [2006] 1 Fam 39, he pointed out that, where the Government set the permitted levels of radiation as a prerequisite of planning consent, it would be wrong for the consistory courts to apply lower guidelines.

Re St. Mary the Virgin Welling [2022] ECC Swk 3

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.