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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. Peter & St. Paul Heydon [2017] ECC Nor 2

The Team Vicar and the church fabric officer petitioned for a faculty to authorise the installation of wireless broadband equipment in the tower of the church, situated in a remote and beautiful village where broadband speeds were extremely poor. The PCC approved the proposals by 7 votes for and 2 against, the two dissenters being the two churchwardens, who became parties opponent. The Chancellor determined to grant a faculty. The physical and aesthetic impacts on the church would be minimal, and the advantages of the installation would be of great benefit to the rural community.

Re St. Peter & St. Paul Hoxne [2022] ECC SEI 1

The church wished to repair and reassemble a screen which was formerly under the tower arch before the organ was moved there. They then wished to repair the Lady Chapel steps, shorten two pews, reassemble the screen at the bottom of the steps and dedicate the chapel to St. Edmund. The Archdeacon gave List B consent for the restoration of the screen and the repair of the steps only. She did not allow for the re-erection of the screen or alteration of the pews.  When an application was made for a faculty for the works in the chapel, a parishioner objected on the grounds of insufficient local consultation and wished to be a party to the proceedings. The faculty was put on hold pending discussions with the objector, but the parish installed the screen anyway. They then applied for permission for the screen and shortened pews to remain. The objector withdrew her objection, as she felt 'vilified' by the petitioners. The Chancellor granted a faculty, ordering the petitioners to pay the costs of the Registry and any costs incurred by the objector.

Re St. Peter & St. Paul Muchelney [2019] ECC B&W 2

There was no suitable place within the church to construct a toilet, which would provide disabled access. It was therefore proposed to construct a free-standing disabled toilet adjacent to the east side of the north porch of the church, with associated water, drainage and electrical connections. There were letters of objection from five parishioners. The main objection related to the location of the proposed structure. The Chancellor was satisfied that the provision of a disabled toilet was appropriate and that the location to the east of the north porch would be the least problematic within the site. He therefore granted a faculty.

Re St. Peter & St. Paul Newport Pagnell [2020] ECC Oxf 8

The petitioners wished to install in the church a custom-built electronic organ and twelve speaker cabinets and to 'mothball' the existing pipe organ. There were four objectors, two of whom became parties opponent, but subsequently withdrew. The Chancellor granted a faculty, subject (inter alia) to a condition that the parish should maintain, insure and use its best endeavours to keep the pipe organ playable for as long as the electronic organ remains in the church. The judgment cites numerous other judgments relating to the replacement of a pipe organ with an electronic organ, and discusses the factors which should and should not be taken into account in reaching a decision.

Re St. Peter & St. Paul Nutfield [2018] ECC Swk 1

The petitioner wished to place a memorial tablet of Welsh Slate, measuring 8 inches by 11 inches by 2 inches in the churchyard, next to a tree which her father had planted after the Great Storm of 1987. She wished the inscription to bear the names of her mother and Welsh father, with dates of birth and death and the Welsh word 'Tangnefedd', an old Welsh word meaning 'Peace'. Her father's ashes had been buried close to the tree, but the body of her mother, who did not wish to be cremated, had been buried in a nearby woodland cemetery, with no memorial. Owing to the father's connection with Wales, the Deputy Chancellor approved the use of the Welsh word in the inscription. And as regards the mother's body not being buried in the churchyard, the Deputy Chancellor approved the inscription bearing the mother's name, provided that the words 'Margaret buried in Nutfield Cemetery. Gadfan interred at this spot.' were added to the edge of the stone.

Re St. Peter & St. Paul Olney [2021] ECC Oxf 2

The Rector and Churchwardens wished to create an educational area in the east end of the south aisle of the church dedicated to the life and work of the Reverend John Newton (1725-1807) and to introduce into the church an informative display. (John Newton was a reformed slave ship captain, who was the curate-in-charge of the church from 1764 to 1780 and the author of the hymn 'Amazing Grace'.) The work would involve the removal of four pews, and the seat from a fifth pew.  Notwithstanding the current sensitivity relating to the display in public places of things relating to the slave trade, the Chancellor granted a faculty, being satisfied that the display would "recognise the vital contributions made to the abolition of the vile trade in human flesh by African and other global majority heritage writers and abolitionists, women and working class reformers, rather than simply focusing upon the work of prominent, white, upper and middle class male abolitionists ..."

Re St. Peter & St. Paul Pettistree [2017] ECC SEI 6

A faculty had been granted in 2014 to authorise the redecoration of the interior of the church with four coats of limewash. When the old emulsion was removed, the walls looked in poor condition and it was thought that four coats of limewash would not be sufficient to cover the walls, which were “patchy” and “deep green” in various areas. The architect favoured a product called Zinsser Grade 1 paint. He obtained the PCC's permission to use it and instructed the contractors to use the paint instead of limewash, which the contractors reluctantly did. Within a month of application, the paint was pealing off the walls. The Chancellor asked the Archdeacon to apply for a restoration order, which the Archdeacon did. The Chancellor granted an order, stating that the architect should not have directed the use of an alternative covering without obtaining first a variation of the faculty. And the Chancellor directed that the architect should meet the cost of the remedial work.

Re St. Peter & St. Paul Pettistree [2023] ECC SEI 3

In 2014, the inspecting architect had recommended Zinsser Grade 1 paint for the redecoration of the interior of the church as authorised by faculty. The paint proved to be totally unsuitable. It was impermeable, and the migration of salts from the walls to the paint layer caused it to expand and flake. In 2017, the Chancellor ruled that the Zinsser paint should be removed and the walls repainted with limewash or an alternative paint approved as an amendment to the original faculty. Options put forward by a new architect were (a) to maintain scaffolding in the nave for 5 years to monitor the condition of the walls before further repainting, or (b) replastering and repainting, which would destroy fragments of old wall paintings. The Church Buildings Council, Historic England and the Society for the protection of Ancient Buildings rejected both (a) and (b), preferring overpainting, which the Parochial Church Council did not consider would solve the problem of the Zinsser paint flaking in future. The Chancellor granted a faculty to remove the Zinsser paint from the walls, and also the plaster beneath it and then to apply new render to the walls, followed by a suitable number of coats of limewash to the fresh wall surface. 

Re St. Peter & St. Paul Rustington [2015] Mark Hill Ch. (Chichester)

The Vicar and churchwarden of a 12th century Grade II listed church sought permission to replace the pews and pew platforms with chairs, to provide underfloor heating and to carry out other ancillary work. In considering the guidelines laid down in Re St. Alkmund Duffield [2013], the Chancellor determined that: "The petitioners have satisfied me on the information placed before the court that the public benefit would outweigh any harm." Faculty granted.

Re St. Peter & St. Paul Rustington [2016] ECC Chi 6

This judgment is supplemental to a judgment given by the Chancellor in June 2015, when he approved a scheme of re-ordering, but postponed a decision on the type of chair to replace the pews, in order to give the PCC more time to consider various options. In the present judgment, the Chancellor declined to authorise two types of chair (some for 'core' seating and some for 'supplementary' seating). For the sake of uniformity, he authorised only one type of chair: "Introducing a variety of chairs from two different manufacturers, some with arms, some without, some upholstered, some not, would compromise the genius of the reordering which is to create a unified and holistic worship space."