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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 Thomas of Canterbury Mumby [2014] Mark Bishop Ch. (Lincoln)

The petitioners requested a Faculty to install a glazed door in the 19th century porch on the south side of the church, which is the main entrance to the Grade I church, parts if which date from the 13th century. The church was largely rebuilt in 1874. The petitioners stated that when the wooden church doors were open, cold air passed through the porch into the church and also leaves tended to accumulate in the porch. The petitioners therefore felt that the answer was to place a non-reflective glazed door at the outside of the porch. English Heritage opposed the proposal.The Chancellor was not satisfied that the proposals satisfied the criteria in Re St Alkmund Duffield [2012]. Faculty refused.

Re St Wilfred Portsea [2018] ECC Por 3

The proposal was to remove from the unlisted mission church, built in 1907, two World War I war memorials and a soldier's grave marker and place them on display with other WWI material in the adjacent community room, where they would be more visible and accessible to the community. Two objectors felt that placing the items in a community room was inappropriate, and would detract from the respect and reverence with which they should be treated.

Re St. Thomas a Becket & St. Thomas the Apostle Heptonstall [2021] ECC Lee 2

The petitioner, who lived in Oxfordshire, wished to reserve a grave in the churchyard at Heptonstall in West Yorkshire, due to "her affection for literature and the proximity of the grave of Sylvia Plath". The priest-in-charge and Parochial Church Council had no objections to the reservation. There were in excess of 450 grave spaces available, and burials averaged five per year. After a discussion of the principles which a Chancellor should consider when deciding whether to exercise a discretion to grant a faculty to someone who had no legal right to be buried in a churchyard, the Chancellor determined that in this case there was no reason to refuse a faculty.

Re St. Adamnan's Lonan [2021] EC Sodor 1

In the churchyard of St. Adamnan's Church (otherwise known as the Old Kirk) in Lonan, on the Isle of Man, stands a building called the Cross House, so named because it houses a number of ancient crosses. The incumbent and churchwardens applied for a faculty to authorise the installation of an information board and signage to provide information about the crosses. A member of the Parochial Church Council lodged a letter of objection, claiming that the signage was unnecessary and that the Manx Museum and National Trust was responsible for the Cross House. The Deputy Chancellor granted a faculty, being satisfied that the work would not harm the building and that it would improve public understanding of the crosses and their significance.

Re St. Agatha Woldingham [2015] Philip Petchey Ch. (Southwark)

The petitioner wished to exhume his wife's remains from a grave (intended as a double grave for his wife and himself) in an area which was regularly waterlogged in winter, and to reinter the remains in another part of the same churchyard. The Chancellor decided that there were exceptional circumstances to justify the grant of a faculty for exhumation and reinterment.

Re St. Aidan Acomb [2018] ECC Yor 2

The vicar and churchwardens wished to carry out certain items of refurbishment to the church, including "install etched safety glass panels between the main entrance lobby and the church". It was intended that these glass panels should replace the existing wooden panels, in the interests of safety and security and allowing more light into the lobby. Two parishioners objected to the glass panels on the grounds that anyone who felt ill and wanted to sit outside the body of the church for a while during a service would not be able to enjoy some privacy in the lobby if there were glass panels. The petitioners pointed out that there were other areas in the church where people who were feeling ill could enjoy some privacy. The Chancellor determined that the petitioners had made out a proper case for the work and granted a faculty.

Re St. Aidan Bamburgh [2018] ECC New 2

The area around the font of the Grade I church consisted of sandstone flags, which over time had become very worn and had been patched with slate and concrete. The proposal was to relay the area with stone to match the existing stone around it, and to re-locate the slate to the south side to complete the paving of the south aisle in slate, all but the west end of that aisle already being paved in slate. The Society for the Protection of Ancient Buildings objected to the proposal, preferring to see further patch repairs. Having inspected the floor, the Chancellor was satisfied that the proposed work was necessary in the interests of safety from trip-hazards, and being satisfied also that the work would not result in harm to the significance of the church as a building of special architectural or historic interest.

Re St. Aidan Hellifield [2015] Mark Hill Ch. (West Yorkshire & The Dales)

The priest-in-charge and churchwardens sought a faculty for a reordering of the interior of the Grade II listed church. The works included: the removal of some pews; a carpeted nave dais; removal of the riddel posts; upholstered chairs;and other items. The Chancellor, having considered the approach recommended in Re St. Alkmund Duffield [2013] Fam 158, decided that " ... any harm to the significance of the church as a building of special architectural or historic interest is outweighed by the proven needs of the parish ... the determinative feature seems to be that all these proposals are wholly reversible."

Re St. Aidan Skelmanthorpe [2015] Mark Hill Ch. (Leeds)

The proposed works comprised the construction of an extension at the west end of the south elevation of the church, to provide a lobby, toilets and kitchen, and the relocation of the font. The Chancellor determined that the public benefit of the changes to the Grade II listed church building would outweigh such harm to its significance as might result from the works.

Re St. Aidan Thockrington [2016] ECC New 1

The parish priest applied for a restoration order following the interment in the churchyard without permission of a portion of the cremated remains of the novelist Tom Sharpe, together with various other items. The Chancellor granted a restoration order.