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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 Holy Trinity Hull [2023] ECC Yor 1

This judgment is supplemental to the judgments in two earlier faculty applications relating to a project by Highways England ("HE") to widen the highway next to the churchyard. The first faculty, allowed for archaeological works to be carried out in that part of the churchyard required for road-widening. The second faculty allowed for landscaping works to be carried out. In addition, HE had been given licence to occupy part of the churchyard, but the licence had expired in March 2021. Since then, HE had been carrying out further preliminary groundworks not covered by the licence. They now sought an interim faculty to continue with works under a Development Consent Order, pending the completion of a Pastoral Scheme to transfer the land to HE. The Chancellor granted a faculty.

Re Holy Trinity Hurstpierpoint [2012] Mark Hill Ch. (Chichester)

Faculty granted for £1m re-ordering program of works, including removal of pews, creation of vestry and office in chapel, heating, lighting, drainage and other internal works.

Re Holy Trinity Hurstpierpoint [2020] ECC Chi 7

The petition proposed various items of reordering, including the replacement of pews with chairs, audio-visual facilities and a frameless glass door. The Victorian Society became a party opponent, objecting to the removal of pews from the nave. The Chancellor accepted the view of Counsel for the Society that the removal of the pews would result in serious harm to the significance of the church, and that therefore the need for change would have to be exceptional. However, the Chancellor was satisfied that the petitioners had set out a convincing case for the changes, and he therefore directed the issue of a faculty including, inter alia, a condition that a scheme should be prepared for adjustment and reuse of some of the pews in the church transepts.

Re Holy Trinity Jesmond [2021] ECC New 4

The proposed works included alterations to the baptistry floor to provide a raised floor, level with the octagonal font plinth, and the covering of the raised floor and plinth with carpet tiles. The Chancellor accepted the advantages of having a uniform floor level in the baptistry and granted a faculty for that item and the associated works, which were the mounting of display boards on the three walls surrounding the font and associated lighting.

Re Holy Trinity Kimberley [2016] ECC S&N 1

This was a determination of two faculty petitions in respect of the unlisted church building: (1) the replacement of the organ with a modern instrument, and (2) a major reordering scheme, to incorporate community facilities. The Parochial Church Council was proposing to partly fund the work from the sale of the adjoining dilapidated church hall. There were three parties opponent, including two employees of the Town Council. Faculty granted.

Re Holy Trinity Kingswood [2020] ECC Bri 2

The petitioner sought permission for a memorial consisting of an upright stone and a horizontal slab to mark a family grave containing four interments. This type of memorial was not within the current churchyards regulations, but there were other graves with memorials of this type in the churchyard. The Chancellor considered that it was only equitable in the circumstances to grant a faculty.

Re Holy Trinity Kirk Ireton [2017] ECC Der 5

The petitioners proposed the removal of 15 unfixed and damaged Victorian pine pews with a view to providing more flexible use of the church for family services and community use, the pews to be replaced with 39 wooden chairs with upholstered seats. The Chancellor was satisfied that the petitioners had made a ‘robust justification’ for their proposals and granted a faculty.

Re Holy Trinity Lamorbey [2016] ECC Roc 3

The petitioners sought permission to remove four pews from the back of the church, in order to provide more room for the serving of refreshments and for accommodating buggies and wheelchairs. The church is Victorian and unlisted. There was one objector, who did not become a party opponent. The Chancellor, being satisfied that the works were both needed and appropriate, granted a faculty.

Re Holy Trinity Lickey [2010] Martin Cardinal Ch. (Birmingham)

The former vicar and wardens wished to dispose of three of the four oak choir stalls and clergy seats removed pursuant to a Faculty granted on 29th September 2004 and to place the fourth stall in the lower vestry. The Chancellor granted a faculty.

Re Holy Trinity Long Itchington [2016] ECC Cov 7

The petitioners wished to remove the Victorian pews from a Grade II* listed church and replace them with wooden upholstered chairs. The Victorian Society and Historic England both accepted that the pews were of no particular merit, but objected to them being replaced with upholstered chairs, though they did not wish to be parties opponent. The Chancellor granted a faculty for the removal of the pews, on condition that the replacement chairs should be unupholstered and of a design to be agreed between the petitioners and the Diocesan Advisory Committee, and in default of such agreement to be decided by the Court.