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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 Bredhurst [2017] ECC Roc 10

The Team Rector, a churchwarden and a deputy churchwarden applied for a confirmatory faculty for “retrospective approval for a prayer walk in the wooded area of the churchyard, including the introduction of a path, carved mushrooms inscribed with prayers and artwork designed following a study day.” The Public Notice resulted in two letters of objection, but there were no parties opponent. The Chancellor was satisfied that the works were appropriate and directed the issue of a confirmatory faculty.

Re St. Peter Bredhurst [2017] ECC Roc 9

The petitioners wished to obtain permission to remove from the churchyard all items that were not allowed under the churchyards regulations, such as "figurine gnomes, garden gnomes, figurine angels, cupids, balloons, and solar lamps, etc." together with rose bushes and other shrubs planted on graves. There were several letters of objection, but no objector became a party opponent. The Chancellor granted a faculty: "As a matter of logic and common sense, since there are regulations in force, it would be manifestly absurd to have them broken as each person deems fit ... In my judgment it is not proper for a person to take the law into his own hands, and then cry 'foul' when action is taken against him."

Re St. Peter Brighton [2012] Mark Hill Ch. (Chichester)

In 2011, the Archdeacon granted a licence for temporary re-ordering, which included removal of the nave and choir pews to storage. In 2012 a faculty petition sought authority for this arrangement to be made permanent. The Chancellor authorised the permanent removal of the nave pews, but decided that, to give further time for experimentation, consideration of the permanent removal of the choir pews should be deferred and be the subject of a petition at a later date, if the petitioners still wished the choir pews not to be restored to the choir.

Re St. Peter Brighton [2015] Mark Hill Ch. (Chichester)

In 2011, the Archdeacon granted a licence for temporary re-ordering, which included removal of the nave and choir pews to storage. In 2012 a faculty petition sought authority for this arrangement to be made permanent. The Chancellor authorised the permanent removal of the nave pews, but decided that, to give further time for experimentation, consideration of the permanent removal of the choir pews should be deferred and be the subject of a petition at a later date, if the petitioners still wished the choir pews not to be restored to the choir. In 2015 a petition proposed returning the choir pews, but to the Lady Chapel, instead of to the choir. Faculty granted. 

Re St. Peter Brighton [2016] ECC Chi 2

The Chancellor decided that the proposed new wall-to-wall carpet and the 'bland', black chairs were inappropriate for a Grade II* and important Victorian church in the centre of Brighton, but he granted a limited licence for five years, requiring the petitioners at the end of such period to produce more appropriate long-term proposals.

Re St. Peter Chailey [2019] ECC Chi 2

The petition proposed the formation of a new meeting room/children’s area, enclosed by timber and glass; removal of some pews in the nave, the nave aisle and the south aisle, and their replacement with chairs; lowering the raised pew platforms in these areas; disposal of a timber screen to the St. John’s Chapel; and alterations to heating and electrical systems, including the replacement of the existing boiler with a new oil fired boiler. There was one party opponent, objecting to the removal of some of the pews and to the meeting room. The Deputy Chancellor was satisfied that the petitioners had provided sufficient justification for the works and granted a faculty. As regards costs, the Deputy Chancellor determined that the party opponent had behaved unreasonably in certain aspects of the proceedings and directed that the party opponent should reimburse the petitioners 50% of the court costs attributable to the progression of the case to an oral hearing and 50% of the petitioners' inter partes costs, namely their counsel's fees.

Re St. Peter Chertsey [2023] ECC Gui 1

Several items of internal reordering were proposed, in order to provide a flexible space for worship and for a variety of uses, both for the church community and wider community. The most significant item of reordering was the proposal to replace the nave pews with chairs. The chair proposed was the Alpha high stacking lightweight upholstered chair. Notwithstanding the advice of the Church Buildings Council that chairs should not be upholstered, the Chancellor granted a faculty for the proposed chairs, as well as for the other items referred to in the petition.

Re St. Peter Church Lawford [2016] ECC Cov 3

The petitioner requested permission for a memorial in the form of a small York Stone boulder with a slate plaque on its front face, in memory of her late husband. The memorial was ostensibly outside the churchyard regulations and the Diocesan Advisory Committee did not approve it. After considering the principles to be applied when deciding whether to allow a memorial outside the regulations, the Chancellor decided that this was an appropriate case in which he should grant a faculty.

Re St. Peter Church Lawford [2019] ECC Cov 4

The Rector and Churchwardens wished to replace the lead on the south aisle and vestry roofs with terne-coated stainless steel. The Church had suffered from lead thefts in the past and already had a terne-coated steel roof over the north porch. The remaining lead had been repaired a number of times in recent years and was regarded as having reached the end of its serviceable life after 100 years. Historic England objected to terne-coated steel, and took the view that the lead should be replaced with lead. Historic England's own advice in its booklet ‘Metal Thefts from Historic Buildings’ suggested that stainless steel was a suitable alternative to lead, where there had been lead theft and repeated attacks. The Deputy Chancellor determined that the Petitioners have shown good reason for the replacement of lead with terne-coated stainless steel, and he granted a faculty.

Re St. Peter Croft-on-Tees [2015] Mark Hill Ch. (Leeds)

The petitioner sought permission to add kerbs and chippings to a memorial on an existing grave. The reasons given were: (1) the petitioner wished to have the name of his late wife and in due time the names of his brother and himself recorded on the grave, there being insufficient space on the existing memorial; (2) chippings secured by kerbs would eliminate or minimise recent invasive damage from moles; (3) there was a precedent for kerbs and chippings on neighbouring graves. The Chancellor refused to grant a faculty, but indicated that he would look favourably on an application for a faculty to replace the existing stone with a larger stone which would have room for additional names.