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 10 September 2024

Judgments indexed by Diocese:
2023 Judgments
2022 Judgments
2021 Judgments

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.

Re St. Bartholomew Orford [2024] ECC SEI 1

The petition requested a confirmatory Faculty to regularize the unlawful installation of 6 combination light and heating chandeliers to replace the previous chandeliers and the current oil-fired heating system. The new chandeliers had been installed after the proposals had been recommended by the Diocesan Advisory Committee, but before the petition had been referred to the Chancellor. There was one party opponent. The Chancellor considered that the new chandeliers were not quite as attractive as the ones they replaced, but were efficient and cheap to run. He was, however, concerned that the new wiring was “deplorable”. He granted a faculty, subject to conditions that steps should be taken to mitigate the damage cause by the wiring; photographs of the original chandeliers should be archived, and the original chandeliers should then be sold.

Re St. Bartholomew Otford [2017] ECC Roc 4

Extensive reordering works were proposed for the Grade I church. There were several written objections, but none of the objectors wished to be a party opponent. There were no objections from the amenity societies consulted. The Chancellor, being satisfied that the petitioners had made out a good case for the works (" ... the proposed changes will result in greater liturgical freedom, pastoral well-being, involvement of the congregation, opportunities for mission and use of the church generally"), granted a faculty.

Re St. Bartholomew Otford [2017] ECC Roc 4

Extensive reordering works were proposed for the Grade I church. There were several written objections, but none of the objectors wished to be a party opponent. There were no objections from the amenity societies consulted. The Chancellor, being satisfied that the petitioners had made out a good case for the works (" ... the proposed changes will result in greater liturgical freedom, pastoral well-being, involvement of the congregation, opportunities for mission and use of the church generally"), granted a faculty.

Re St. Bartholomew Tong [2013] Stephen Eyre Ch. (Lichfield)

The petitioner wished to erect a memorial on his mother's grave. The proposed memorial was of Portland Stone, 18ins high and with raised kerbs around the grave. The intention was to mirror another memorial to a relative, which was a few yards away. The memorial was outside the Churchyards Regulations in terms of minimum height and the laying of kerbs. The Chancellor saw no objection to the height of the proposed memorial. But he gave permission for kerbs only if they were to be laid flush with the level of the ground.