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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 Holy Trinity Sittingbourne [2018] ECC Can 1

The proposals were to replace the pews with metal-framed, upholstered chairs; removal of the clergy stalls; and alterations to floor levels and the heating installation. The Victorian Society indicated that it would not oppose the removal of the pews if appropriate wooden, unupholstered chairs were to be provided by way of replacement. A private objector objected to the removal of the clergy stalls and the pews. The Deputy Commissary General dismissed the petition. He determined that the removal of all of the Victorian pews would adversely affect the character of the Victorian church. He also did not consider that the replacement steel-framed, upholstered chairs would be likely to be an appropriate replacement for the pews in this particular church, if the pews were to be removed.

Re Holy Trinity Southport [2016] ECC Liv 3

The works proposed comprised a number of non-contentious repairs and a major reordering. The reordering included the creation of toilet facilities at the north-west porch and the creation of a two-storey 'pod' in the north transept, to accommodate two meeting rooms; an area for children and parents during services; a servery area for refreshments; a space for community use; a small enclosable room for counselling; and two offices for clergy use. Historic England and the Victorian Society had objections and reservations about these items, but did not become parties opponent. The Chancellor was satisfied that it was appropriate to grant a faculty, stating that, "the need for these facilities, and the benefits respectively enuring to them, are sufficient to justify this intrusion on the character and significance of the building as a whole."

Re Holy Trinity Stockton on the Forest [2016] ECC Yor 2

There were various re- ordering proposals for the unlisted church. The main objections were to the removal of ten pews and their replacement with folding chairs, and also to safety aspects of the proposed kitchen facilities. The Chancellor was satisfied that the petitioners had made out their case and directed the issue of a faculty.

Re Holy Trinity Stratford upon Avon [2015] Stephen Eyre Ch. (Coventry)

The petitioners sought to place a tablet in the churchyard to commemorate two interments in the same plot in 2005 and 2007. Tablets had been allowed for a short period in the 1960s, but since then the Parochial Church Council had adhered to a policy of not allowing further tablets, in order to preserve the open grassed appearance of the churchyard. In 2011, a Faculty had been granted to authorise a memorial wall on which plaques could be placed to commemorate those whose cremated remains have been interred in the churchyard since 2010. The incumbent and Churchwardens objected to a further plaque being placed in the churchyard. Whilst of the view that the policy of the PCC was reasonable and should normally be adhered to, the Chancellor felt there were exceptional circumstances in this case, as the plot in question was the only cremation plot without a tablet in a row of plots where tablets had been placed in the 1960s. Accordingly, a Faculty was granted.

Re Holy Trinity Sutton Coldfield [2012] Mark Powell Ch. (Birmingham)

Faculty granted for major re-ordering of a Grade 1 listed church. Principles laid down in Re St. Alkmund Duffield [2012] (Court of Arches) considered.

Re Holy Trinity Wandsworth [2012] Philip Petchey Ch. (Southwark)

The proposals included: the replacement of the church pews with chairs; alteration of the dais in the chancel; the baptistry; new heating, lighting and and audio-visual system; redecoration; the building of an extension for offices; and a garden area. English Heritage, the Victorian Society and the Church Buildings Council all had concerns Chancellor determined that the extension was acceptable, and that the pews were of little merit and could be replaced. As regards the font, the Chancellor was satisfied that the batistry was effectively redundant and that the case for moving the font was made. He therefore granted a faculty. The judgment contains an extensive review of the law and practice relating to fonts.

Re Holy Trinity Wandsworth [2013] Morag Ellis Dep. Ch. (Southwark)

A judgment dealing with a matter outstanding from Re Holy Trinity Wandsworth [2012], namely, the repositioning of the font and the baptistry screen. Re Duffield discussed. Faculty granted.

Re Holy Trinity Westcott [2023] ECC Gui 3

The petitioners wished to remove the remaining 19 pews in the church nave and replace them with chairs (of the award-winning 'Theo' design) and to modify and restore the floor to create a single level worship space across the main body of the church. The aim was to permit people to participate in a wider range of worship and other church and community activities. The Victorian Society objected to the removal of the pews, but later withdrew their objection. The Chancellor granted a faculty, finding that there was a clear justification for the proposals in order to meet the need for flexibility in the modern use of the church building.

Re Holy Trinity Wordsley [2024] ECC Wor 1

The petitioners applied for, firstly, a confirmatory faculty in respect of works previously carried out without faculty, including destruction of the pulpit and reuse of the timber to make a new font, and cutting down a mature tree; and, secondly, a faculty to authorise the construction of a prayer room, the re-siting of an 1831 font and the moving of an 1888 font to a baby memorial in the churchyard. The Chancellor granted a faculty for all the items, except that the proposed relocation of the 1888 font to the baby memorial in the churchyard was adjourned generally.

Re Hurstpierpoint College Chapel [2022] ECC Chi 1

The College sought permission for certain improvements, mainly to the chancel of the chapel, including the permanent retention of seating platforms; the upgrading of the lighting system; the removal of carpet from the majority of the chancel; and the repair of heating grilles to the nave floor. Notwithstanding an objection by the Victrorian Society to the fixing of transparent balustrades to the platforms, in order to prevent falls, the Chancellor decided to grant a faculty for all the works, being satisfied that any harm to the significance of the Chapel as a building of special architectural or historic interest would be relatively minor.