Judgment Search

Downloads

Click on one of the following to view and/or download the relevant document:

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. Bartholomew Bristol [2024] ECC Bri 1

In 2017 and 2018, two items of work had been carried out at the unlisted late Victorian church without the authority of a faculty, namely, the removal of a porch and the replacement of the wooden entrance doors with a pair of glass panelled doors. The petitioners applied for a confirmatory faculty. Though disappointed at the parish’s initial failure to co-operate with his enquiries as to how and why the works had been carried out without faculty, which was rectified by the appointment of new churchwardens, the Chancellor accepted the apologies of the new petitioners and granted a faculty.

Re St. Bartholomew Failand [2019] ECC B&W 1

The Rector and churchwardens wished to replace the gravel between the churchyard gate and the main entrance of the church with stone to match the stonework of the church. The Diocesan Advisory Committee advised the Chancellor that Forest of Dean or Welsh Pennant stone should be used, whereas the Rector and churchwardens wished to use the less expensive Indian sandstone. After considering further advice from the church architect and a member of the DAC, the Chancellor was concerned that "Indian sandstone blends less comfortably with the weathered stone of the church". He therefore granted a faculty subject to a condition that Forest of Dean or Welsh Pennant stone should be used.

Re St. Bartholomew Horley [2010] Philip Petchey Dep. Ch. (Southwark)

The petitioner wished to exhume the cremated remains of her late father and reinter them elsewhere in the same churchyard in the grave of her mother, who died one year after her father. The Chancellor considered that there were special circumstances which allowed him to grant a faculty.

Re St. Bartholomew Kirby Muxloe [2015] David Rees Dep. Ch. (Leicester)

The petitioners wished to remove a stone font introduced in the early part of the 20th century to the Grade II* listed church, which dates from around 1300. The proposal was to replace the stone font with a new font of modern design. The new font was to be moveable, so as to permit the freeing up of space at the west end of the church, when required for activities other than baptism. Despite reservations as to the design, and the fact that the new font had been made and used before the matter got to a hearing, the Chancellor granted the faculty.

Re St. Bartholomew Leigh [2016] ECC Swk 4

The petitioners wished to fell an 18m tall Giant Redwood tree in the churchyard. There was one objector, who did not wish to become a party opponent. The local authority approved the felling of the tree. The Chancellor granted a faculty.

Re St. Bartholomew Leigh [2021] ECC Swk 6

The proposals were to extend the church tower to the south, to the depth of the existing exterior buttresses, to allow for the internal fitting of a WC and a tea point. An access for the disabled would also be created. There were eight objectors, none becoming parties opponent. The Chancellor was satisfied that the petitioners had made a good case for the proposals, and he granted a faculty.

Re St. Bartholomew Maresfield [2021] ECC Chi 2

The Chancellor granted a faculty for reordering in the Grade I listed church, in order to provide toilet and kitchen facilities, screening off of the north transept and the provision of storage. The Chancellor was satisfied that the degree of harm to the significance of the church as a building of special architectural or historic interest would not be substantial and the public benefit of the works would outweigh any harm. Also, the changes would be entirely reversible, with negligible impact on the fabric.

Re St. Bartholomew Naunton Beauchamp [2019] ECC Wor 5

The petitioner wished to have the ashes of her mother exhumed and scattered over the hills north of Newtown in Powys. The ashes had been buried in the churchyard at Naunton Beauchamp, at the insistence of the petitioner's former sister-in-law. All the deceased's other children recalled their mother expressing a wish to have her ashes scattered in Wales, and they supported the petitioner's wish. Whilst accpting that this was a borderline case for allowing an exhumation as an exception to the general rule against disturbing human remains, the Chanmcellor decided to grant a faculty to the petitioner: ' ... whilst it is “generally” right that mourners should learn to let go, it appears that she will be unable to do so until her mother’s ashes have been scattered as proposed; only then, it seems to me, will she be able to recover her psychological and spiritual health.'

Re St. Bartholomew Old Whittington [2017] ECC Der 4

The petitioner sought to install a memorial of York Stone (and within the diocesan churchyards regulations) into an area of the churchyard known as the Croft. The Rector, PCC and a number of private individuals objected to York Stone, because allegedly the PCC had made a decision in the past that only grey granite stones should be allowed in that particular area. The PCC was unable to produce any evidence of a decision by the PCC to limit stones to grey granite, though most of the stones in the area were of that type. The Chancellor pointed out that a PCC can only have a variation to the diocesan regulations if such variation is approved by the Chancellor of the Diocese. The Chancellor granted a faculty for the memorial of York Stone.

Re St. Bartholomew Orford [2018] ECC SEI 3

The PCC wished to replace the church organ (which had been installed as a temporary measure in the 1830s after the original organ had been damaged as a result of the west tower collapsing), because it was too small an instrument to support major instrumental and choral works. In 2017 the PCC voted in favour of accepting the gift of a 1977 organ from Southampton University. The DAC was concerned about the possible impact of the organ in the church, due to its large size and modern casing. English Heritage had reservations about the proposed organ, but the Church Buildings Council supported the project. The Deputy Chancellor decided that there was a clear and convincing justification for the installation of the organ and granted a faculty.