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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

Re St. Nicholas Charlwood [2021] ECC Swk 8

The petitioner (a churchwarden) wished to carry out repairs to three box tombs. There was one objector (who did not become a party opponent), who raised a number of issues, but the Chancellor did not regard the objections as grounds for refusing a faculty. A faculty was granted, subject to Historic England not making any representations within 28 days. If any representation were to be made, the matter was to be referred back to the Chancellor for further directions.

Re St. Nicholas Codsall [2015] Stephen Eyre Ch. (Lichfield)

Interments of two family members had taken place in the same grave in 2012 and 2013. After the second interment there had been only a foot of earth over the second coffin, and in the course of time the second coffin had become exposed. An application was made for a faculty to authorise the exhumation of both coffins from the family grave and for re-interment of both coffins in the same grave in another part of the churchyard. The Chancellor determined that there were special circumstances to justify him permitting both coffins to be exhumed (even though the first coffin could have been left in situ with a sufficient covering of earth) and for them both to be re-interred in a new family grave.

Re St. Nicholas Codsall [2018] ECC Lic 1

The chancel of the church is only used for daily prayer and for fortnightly coffee mornings. The works proposed were the introduction of radiators and additional carpeting, to make the chancel more comfortable on the occasions when it is used. It was also proposed to create a new bell-ringing floor in the tower, in order to create a disabled toilet and kitchen at the base of the tower. There were letters of objection from two bell-ringers in respect of this item. The Chancellor decided that any impact on the bell-ringers should not outweigh the benefits of providing appropriate toilet and refreshment facilities. He accordingly granted a faculty.

Re St. Nicholas Codsall [2023] ECC Lic 2

The petitioner applied on behalf of her mother to have the cremated remains of her father exhumed from his burial plot and reinterred in another plot. Interments of cremated remains in the churchyard normally allowed for 18 inches of spacing between memorial plaques, so that visitors did not tread on memorials. At the time of the interment, the proximity of the petitioner's father's grave plot to neighbouring plots had been obscured by a green carpet laid over the neighbouring plots. It later became apparent that there was insufficient space to tend the plaque laid on the plot without stepping on neighbouring plaques, and there was evidence that the petitioner's father's plaque had been trodden on. This was very distressing for his widow. The Chancellor considered that the problem had arisen because of an unfortunate mistake as to spacing by those responsible for laying out the plots and he considered therefore that the granting of a faculty was justified.

Re St. Nicholas Earls Croome [2022] ECC Wor 9

The petitioner wished to install a kerbed memorial in the churchyard. The Chancellor granted a faculty (subject to conditions about the height of the kerbs) for the following reasons put forward by the family: the deceased had died young in tragic circumstances and a more substantial memorial was appropriate to mark her grave; the family particularly wished that kerbs would discourage people walking on the grave; there were already 16 kerbed memorials in the churchyard. Also, the parish priest had advised that the family had European heritage where there was a culture for more elaborate memorials and the inclusion of kerbing was part of that cultural heritage.

Re St. Nicholas East Dereham [2019] ECC Nor 2

The cremated remains of a child who died within hours of a premature birth in the 1980s had been interred in the churchyard. The petitioners (the father of the child and his three daughters) wished to have the remains exhumed with a view to them being reinterred in the father's garden. The father's wife had expressed a wish before her death to be buried in the garden with the remains of her deceased child. The Chancellor could find no justification for allowing the exhumation and reinterment of the child's remains as proposed, but he granted a faculty authorising exhumation, provided that permission could be obtained for the remains of the child and both parents to be interred in the churchyard of the church where the mother's funeral had been conducted or in some other consecrated ground.

Re St. Nicholas East Dereham [2024] ECC Nor 3

The petition sought permission for the following works in the Grade I listed church: the installation of toilets and the creation of a sound-proof meeting room with kitchen facilities in the north transept; the removal of the temporary kitchen at the east end of the south aisle; the creation of a reredos; the relocation of an altar in front of the reredos; and the creation of storage space behind the reredos. One matter of concern in this case was the proposal to level the floor of the Cowper Chapel in order to create an even floor for the proposed meeting room. However, the Chancellor granted a faculty for all the items as proposed.

Re St. Nicholas Fundenhall [2017] ECC Nor 5

In October 2014 the Chancellor had granted a faculty for certain works, including the replacement of pews with chairs. It was a condition of the faculty that "No order shall be placed for the new nave chairs/pews until their design has been either agreed with the DAC, English Heritage and the Victorian Society or approved by the Chancellor." In September 2016, the PCC, without approval, ordered 50 chairs which had matt gold coloured metal frames, with seats and backs of a rich brown faux leather. Upon hearing of this, Historic England and the Victorian Society objected to the choice of chair. The petitioners applied for a confirmatory faculty limited to ten years. Mindful of the huge cost the PCC had incurred in the reordering, and that the justification outweighed the harm in this case, the Chancellor determined to grant a faculty for 10 years, requiring the PCC before the end of such period to put forward proposals for some alternative chairs.

Re St. Nicholas Gayton [2019] ECC Nor 4

The reordering proposals for the Grade I church included: (a) removal and disposal of all pews, except five older 'pauper' pews to the west end of the north aisle; (b) introduction of upholstered chairs; (c) repairs to the nave floor; (d) replacement of existing carpet; (e) installation of an oak storage unit; and (f) replacement of the overhead heaters. The Victorian Society argued that the removal of all the pews would adversely affect the visual impact of the interior, and it had concerns about upholstered chairs. However, the evidence was that the pews were of poor quality wood and were riddled with worm and unrepairable. The Chancellor granted a faculty on the understanding that only the seats of the proposed chairs would be upholstered and in a neutral colour.

Re St. Nicholas Great Coates [2020] ECC Lin 2

The petitioner wished to introduce into the churchyard a memorial to her late husband. The proposed memorial included kerbs laid flush with the ground. The Diocesan Advisory Committee felt unable to recommend the proposal, as the churchyard regulations had for three decades not allowed the introduction of kerbs, and the Church Council did not support the proposal. Although the petitioner argued that kerbs laid flush with the ground would not impede mowing, the Chancellor refused to grant a faculty. Mowing was not his only concern: "I am concerned that kerbs, even flush with the ground, would have the effect of creating a series of individual memorial plots, boundaried and set apart, grave by grave, from the rest of the churchyard. This would conflict with the sense that each grave and its memorial was contributing to the overall peace and tranquillity of the whole churchyard ..."