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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. Helen Boultham [2019] ECC Lin 9

The petitioner's late daughter had died in a road traffic in 1966, aged just 16 months. She was buried in an unmarked grave. The petitioner and his late wife had always wanted to be buried with their daughter, but the churchyard at Boultham had been closed for burials since their daughter's death, so that the petitioner's wife had been buried in Newport Cemetery in Lincoln. The petitioner wished to exhume his daughter's remains and inter them in a grave reserved near to her mother's grave. The Chancellor was not satisfied that with the passage of time it would now be possible to recover any remains of such a small child buried 53 years previously, and he declined to grant a faculty.

Re St. Helen Burghwallis [2022] ECC She 1

The petitioners wished to re-tile the church roof reusing 70% of the old tiles, and also take the opportunity to fit insulation into the roof. The Chancellor granted a faculty, subject to conditions that (1)  in accordance with the recommendation of the Diocesan Advisory Committee, the works should be subject to a monitoring process both before and after the works take place, and (2) in accordance with the advice of Historic England, the insulation should be installed without causing harm to the roof timbers; the gable apex crosses should be retained and, if necessary, restored; and any mortar to be used should match the existing historic mortar.

Re St. Helen Denton [2017] ECC Lee 2

The vicar and churchwarden sought a faculty for an extension to the north side of the church and the construction of a new car park. The proposed extension would house a small kitchen and lavatory facilities. There would also be level access for the disabled from the new car park. The Chancellor granted a faculty, being satisfied that "the public benefit would outweigh the measurable, though not serious, harm that will result."

Re St. Helen Edlington [2014] Mark Bishop Ch. (Lincoln)

An application was made for a faculty to exhume the cremated remains of James Thomas Padgett (interred in 1988) from the churchyard of St. Helen's Edlington, with a view to the remains being reinterred with the ashes of his wife, which were interreded in 2007 in Newport Cemetery, nearer to the home of the deceased's daughter, who also wished to have her ashes interred in due course in the same grave in the cemetery. The applicant stated that her osteo-arthritis now prevented her from travelling long distances. The Chancellor, applying the principles in Re Blagdon Cemetery [2002], did not find any special circumstances to justify him granting a faculty.

Re St. Helen Lea [2020] ECC Lin 3

A faculty was sought for the removal of the existing 19th century glass quarries in the west window of the church, in order to incorporate a new stained glass window in memory of members of the Marshall family, who had close links with the church and were associated with the local engineering company Marshall & Sons & Co. The design incorporated a Marshall traction engine ploughing through a field and the design of a cross in the ploughed furrows. The Chancellor decided that the design of the window was appropriate in the context of the Marshall family's work and support for the church, and he accordingly granted a faculty.

Re St. Helen Stapleford [2016] ECC S&N 3

The proposal was to build an extension on the north side of the Grade II* church, linked by a corridor, to provide toilets, a kitchen and a community room/classroom. The Deputy Chancellor determined that a good case has been made for the proposed extension and that the public benefits of the proposals were sufficient justification, despite the harm to the significance of the Grade II* listed building.

Re St. Helen Welton [2015] Peter Collier Ch. (York)

A parishioner had died and her cremated remains were interred in the churchyard extension. The family applied to have a "desk style memorial" placed over the grave. Being informed that such a memorial would not be allowed under the Churchyards Regulations, the family agreed to a flat stone. By mistake the stonemason prepared a stone according to the original specification. On realising his error, the stonemason offered to replace the stone with a flat stone, but the
family would not allow him to do so. The Archdeacon applied for a faculty to have the desk style memorial replaced with a flat one. The Chancellor determined that it was appropriate to grant a faculty to the Archdeacon.

Re St. Helen Welton [2017] ECC Yor 2

The Archdeacon applied for a faculty to authorise the removal from the churchyard of a "desktop" style memorial marking the interment of cremated remains, as it did not comply with the Churchyard Memorial Rules currently in force. The family of the deceased objected. The Chancellor determined that there were no exceptional reasons why the memorial should remain and accordingly granted a faculty to authorise the removal of the memorial and its replacement with a memorial which complied with the Rules.

Re St. Helen Worcester [2020] ECC Wor 2

A major reordering was proposed for the city centre church, which was in poor repair and little used, with a view to improving it for worship and attracting more community use. The works proposed a new entrance into the High Street (making it more accessible - the existing access being from Fish Street), replacing the kitchen, floor levelling, underfloor heating, new lighting and a new extension to house new toilets. The Society for the Protection of Ancient Buildings and the Victorian Society questioned the need to remove the east window for the insertion of the new doorway. The Chancellor considered, however, that a new large entrance would require the existing window opening and the stone panel beneath. He granted a faculty for all the works. He was satisfied that the works would "meet a clearly identified need, and that this outweighs any incidental loss of historic fabric or significance that may occur."

Re St. Helens Parish Church [2019] ECC Liv 3

The Church of St. Helens is a very large church in the centre of the town, capable of seating 800 people. It was built in the 1920s and is listed Grade II. The petition proposed the permanent removal of 5 pews from the front of the  nave and 12 pews from the rear. Authority had previously been given by Archdeacon's Licence for the removal of the pews on a temporary basis. The reason given for the proposals was to provide more flexible space for church and community use. The Chancellor granted a faculty, being satisfied that the removal of such a relatively small proportion of the pew seating would not cause great harm to the church as a building of special architectural or historic interest.