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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 Christ Church Heeley [2019] ECC She 1

The reordering proposals included: removal and disposal of the nave pews, the removal of a balcony structure, the disposal of an electric valve organ, the levelling of the floors by removing the pew platforms, the relocation of the pulpit, the construction of a ramp to the dais, the introduction of a new boiler and underfloor heating system, a new lighting system and a new audio-visual system, the replacement of fibreglass windows with clear glass leaded windows, the provision of a crèche area and a storage area, alterations to the ‘font doors’, new flooring, chairs and tables and complete redecoration. The Victorian Society objected to the removal of the pews and their replacement with upholstered chairs. However, the Deputy Chancellor granted a faculty, being satisfied that the petitioners had made a good case for the proposals and that the resulting public benefit would greatly outweigh any harm caused to the significance of the church as a whole.

Re Christ Church Hengrove [2016] ECC Bri 4

The Chancellor granted a faculty to authorise the removal of a number of pews from the front of the nave of the unlisted church building, in order to allow greater flexibility of use of the church, subject to the condition that the pews should be stored in a part of the church, with liberty to apply for them to be removed permanently, if the experiment proved successful.

Re Christ Church Laxey [2018] EC Sodor 1

The Team Rector and churchwardens sought a confirmatory faculty for the retention of a nave altar, which had been in use since a reordering of the interior of the church in 2013/2014. The nave altar had been made from the wood of the choir stalls, which had been removed as part of the reordering. The Diocesan Advisory Committee objected to the retention of the altar on the grounds that it was too low (it originally had castors, which had been removed), and the surface area was too small. The Vicar General was satisfied that the surface of the altar was adequate, and he granted a confirmatory faculty subject to conditions that blocks should be placed under the legs of the altar, to raise the altar to a more appropriate height, and that the altar should at all times be covered by a Laudian fall.

Re Christ Church Laxey [2019] EC Sodor 1

The Chancellor considered two faculty petitions, the object of both being to allow the church to be used as a visitor centre as part of a heritage trail linking various historic sites in the village. The first petition related to the installation of a digital display board, to be installed on the north wall of the nave, and to be used for notices, for showing films about the history of village and as an aid to worship on appropriate occasions. The second application sought permission to install two secure moveable cabinets in the south west corner of the church and two moveable desks at the rear of the church, the cabinets to be used to store merchandise for supplies and sales to visitors, one of the desks is to be used to display information for visitors and the other to enable Manx craftspeople to sell their merchandise. The Chancellor granted two faculties.

Re Christ Church Lye [2015] Charles Mynors Ch. (Worcester)

Faculty granted for the felling of two trees which were causing damage to a nearby house.

Re Christ Church Padgate [2022] ECC Liv 3

In the special and distressing circumstances of this case, the Chancellor granted a faculty for exhumation and reinterment in the same churchyard. The funeral directors and the gravedigger had failed to comply with the family's request for a grave to be dug sufficiently deep to accommodate not only the remains of the deceased, but also the remains of other members of the family in due time.

Re Christ Church Silloth [2022] ECC Car 2

All but twelve of the original pews had been removed from the church as part of a reordering completed in 2021. The current proposal was for the introduction of 100 upholstered chairs as additional seating. The type of chair proposed was a timber framed chair with wine coloured upholstery, supplied by Alpha Furnishing. The Victorian Society objected to the chairs being upholstered, citing the guidance given by the Church Buildings Council, which advised that unupholstered chairs had greater sympathy with historic church environments. The Deputy Chancellor decided to grant a faculty, being satisfied that the petitioners had taken great care in looking at all the possible options and that the red upholstery would not look out of place in this particular Victorian church, where the interior was decorated in red and yellow bands of brickwork.

Re Christ Church South Ossett [2017] ECC Lee 6

The Chancellor granted a restitution order for the removal of a memorial which had been placed in the churchyard without permission.

Re Christ Church Spitalfields [2015] Court of Arches (London)

Proceedings for a restoration order in respect of a building erected on a consecrated burial ground were stayed by the Chancellor of the Diocese. The applicants appealed. The Court of Arches directed that the matter be referred back to the Deputy Chancellor of the Diocese (or a Chancellor of another Diocese) for consideration as to whether the building had been erected in the consecrated churchyard, contrary to the provisions of the Disused Burial Grounds Act 1884 and appropriate disposal of the matter.

Re Christ Church Spitalfields [2017] ECC Lon 1

In 1970, a recreation centre for children had been erected on part of the consecrated churchyard, adjacent to the Church of England School. In 2012 the Chancellor had granted a faculty for the demolition of the 1970 building and the erection of a new school and community building in its place. There was no party opponent to the application. In 2014 an application was made by Spitalfields Open Space Ltd. for a restitution order requiring the new building to be demolished, as it had been erected unlawfully on consecrated ground. The Chancellor dismissed the application. There was an application for an appeal to the Court of Arches. The Rector subsequently applied for a confirmatory faculty. The The Court of Arches remitted the application for a restitution order for determination by a Deputy Chancellor, who granted a confirmatory faculty for the building.