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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. Peter & St. Paul Aston Rowant [2019] ECC Oxf 3

As part of a scheme of reordering in 2011-2012, 30 red-upholstered chairs with black metal frames were introduced into the Lady Chapel of the Grade II* church without faculty consent. These chairs were quite different from the chairs specified by the architect, on the basis of which the Diocesan Advisory Committee issued a certificate that it did not object to the works in the Lady Chapel. The churchwardens subsequently applied for a retrospective faculty to authorise the 30 chairs. The amenity societies consulted were strongly opposed to the chairs. The Chancellor was of the opinion that the chairs were "incongruous and aesthetically inappropriate in and to the setting of this medieval Grade II* listed building". However, he granted a faculty for the chairs, but subject to a condition that within 5 years the petitioners should apply for a further faculty for "suitable and appropriate replacement chairs which respect the interior and significance of this Grade II* listed church".

Re St. Peter & St. Paul Barnby Dun [2021] ECC She 2

The petitioner wished to have the cremated remains of his late wife, who died in 2013, exhumed from the churchyard at Barnby Dun, in South Yorkshire, and re-interred in Littlehampton Cemetery, in West Sussex. The petitioner and his two sons lived in West Sussex, and considered it to have been a mistake for the deceased's remains to have been buried in Barnby Dun, close to the remains of her parents. Also, one of the petitioner's sons, who was very close to his mother, suffered from severe physical disabilities, and was unable to visit his mother's grave 250 miles away without support. Following the test for exceptionality suggested by the Chancery Court of York in Re Christ Church Alsager [1998] 3 WLR 1394 -  "Is there a good and proper reason for exhumation, that reason being likely to be regarded as acceptable by right thinking members of the Church at large?" - the Chancellor decided that this  was an exceptional case which justified the grant of a faculty for exhumation.

Re St. Peter & St. Paul Bassingbourn [2015] David Etherington D.Ch. (Ely)

The proposals were to install a drop-down screen behind the chancel arch, and also install a digital projector in a Grade I listed church. There were four objectors, but none wished to be a party to the proceedings. Re St. Alkmund Duffield considered. Faculty granted.

Re St. Peter & St. Paul Bassingbourn [2018] ECC Ely 1

The petition contained proposals for extensive reordering of the 13th century Grade I listed church. The Parochial Church Council wished to expand the use of the church by providing, inter alia, kitchen and toilet facilities, meeting rooms, a gallery, new seating (for more flexible worship and meetings) and new heating, thus providing a more useful community resource. There were ten parties opponent, as well as opposition from the amenity societies. The Chancellor granted a faculty for the majority of the proposed works.

Re St. Peter & St. Paul Bromley [2017] ECC Roc 6

The incumbent, the associate vicar and the churchwarden applied for a faculty for the introduction of an audio-visual system into the Grade II* church. There was one letter of objection, from the assistant organist, who did not wish to be a party opponent. His concern was that the evangelical style of worship of the present vicar and associate priest would result in excessive use of the audio-visual equipment, which "does not fit with the very middle of the road Anglican choral tradition that we have here." The Chancellor found no merit in the assistant organist's arguments, and did not feel that they were representative of the views of the members of the church as a whole, and he accordingly granted a faculty.

Re St. Peter & St. Paul Buckingham [2020] ECC Oxf 7

The rector and churchwardens applied for a faculty to authorise improvements to the Lady Chapel, in order to create more space and light. This involved removing the large altar, riddle posts and canopy, which took up a quarter of the floor space, and replacing them with a smaller altar; reducing the panelling which was blocking light from the windows; and reinstating the original stained glass window. The Chancellor was satisfied that the works would improve the appearance of the Chapel, and make it lighter and more welcoming, and he accordingly granted a faculty.

Re St. Peter & St. Paul Burton Pidsea [2019] ECC Yor 4

In 2017 a faculty had been granted to authorise the installation of telecommunications equipment in the church tower, subject to a 20 year licence between NET Coverage Solutions Ltd (“NCS”) and the Parochial Church Council. NCS now wished to limit its activities to providing telecommunications infrastructure and to assign the licence to a company called Shared Access ("SA"), which would in future deal with the telecommunications operators and manage their licences. There were said to be some of advantages in this arrangement as a result of the passing of the Digital Economy Act 2017 and the coming into operation of the Electronic Communications Code on 28 December 2017.  The Chancellor authorised the assignment to SA, subject to a condition that an undertaking in writing by SA would be given to the Court, that it would not register so as to be in a position to apply for Code Rights under the Electronic Communications Code.

Re St. Peter & St. Paul Coleshill [2015] Mark Powell Ch. (Birmingham)

Faculty granted for a major re-ordering project.

Re St. Peter & St. Paul Coleshill [2020] ECC Bir 1

The reordering works approved by a faculty granted in 2015 had not been completed within the time allowed. A new petition was presented, requesting authority to carry out the remaining items of work. Historic England and the Society for the Protection of Ancient Buildings had concerns about certain aspects of the proposals (including the pews, the heating system, raising the floors, carpeting, the screens and the glazing). However, the Chancellor was satisfied that a case had been made for the proposals and granted a faculty.

Re St. Peter & St. Paul Farningham [2019] ECC Roc 3

The petitioner wished to erect in the churchyard a memorial to her son, who had been murdered. The memorial proposed comprised an upright stone five feet tall and bearing an open book motif. The stone was to be set on a foundation and plinth measuring seven feet by three feet by four inches. The Chancellor decided that in the circumstances of this particular case the upright memorial would be acceptable, but not the large plinth. The Chancellor therefore granted a faculty for the upright stone only, including a condition that the petitioner should remove a covered bench which she had placed without permission near the grave.