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. Laurence Scalby [2019] ECC Yor 3


The petitioners wished the Chancellor to authorise the setting aside of an area for cremated remains in the churchyard extension and to authorise a variation of the standard churchyards regulations in order to allow the incumbent to permit in future the erection of upright memorials and 'desktop memorials' in the churchyard extension to mark interments of cremated remains. They also asked the Chancellor to grant a confirmatory faculty in respect of upright memorials and 'desktop memorials' already installed to mark interments of cremated remains in the churchyard and churchyard extension during the past 18 years. The Chancellor was satisfied that the petitioners had made out a satisfactory case for the proposals and granted a faculty accordingly

Re St. Lawrence Aldfield [2022] ECC Lee 5

The rector and church treasurer sought retrospective permission for works already carried out to the organ, including treatment of woodworm, cleaning of pipework, fitting two new sets of sliding tuners, and asbestos removal from the blower. The petitioners stated that the work had been urgent and the reason form applying for a confirmatory Faculty now was that the Parochial Church Council wanted to the situation regularised, so that they could recover the VAT on the cost of the work. The Deputy Chancellor, emphasising the need to seek formal approval for works, even in urgent cases, granted a faculty.

Re St. Lawrence Appleby [2020] ECC Car 1

The proposals were to complete a small kitchen/servery within a cupboard at the west end of the north aisle of the church; to remove some pews from the north aisle, to create a multi-purpose area, and to use wood from the removed pews for the servery cupboard; and to carry out some internal redecoration. The Chancellor granted a faculty, subject to conditions that (a) some form of ventilation, to be approved by the Diocesan Advisory Committee, should be provided to protect the memorials next to the kitchen/servery and (b) any chairs chosen to replace the pew seating removed should be the subject of a separate faculty petition and consultation with the amenity societies.

Re St. Lawrence Barton [2017] ECC Bla 3

The Vicar and churchwardens sought permission to re-order the chancel area of the Grade II Victorian church by removing and disposing of the rear choir stalls and replacing them with the front stalls, carrying out some modifications to enlarge the leg-room available, making good any exposed tiles and laying carpet across the widened chancel aisle to match the nave aisle carpet. The object of the proposals was to make the use of the church by the children of the village school more convenient and effective and also increase the possibilities of using the building for concerts and community events. The Victorian Society objected to the covering of the Minton tiles with carpet. The Chancellor approved the proposals and granted a faculty.

Re St. Lawrence Bovingdon [2023] ECC StA 7

The petitioners sought a faculty for an extension to be added to the north side of the church and for internal re-ordering, including replacement of the pews with partially upholstered chairs, some new furniture, disposal of the pulpit and lectern, the relocation of a chest tomb, and the introduction of a nave plinth. The Victorian Society argued that the loss of all the pews would rob the church of its character, and the removal of the pulpit could not be justified. Also, it did not consider upholstered seating appropriate. A number of parishioners also raised objections. Taking the proposals as a whole, the Chancellor was satisfied that they would provide a better environment for the varied worshipping needs of the church, community events and provision for children's activities. The Chancellor therefore granted a faculty.

Re St. Lawrence Darlaston [2016] ECC Lic 2

The Chancellor granted a faculty to allow the installation of a projector screen in a housing over the chancel arch of the church and a fixed projector, to replace the existing arrangement of erecting a portable screen and placing a portable projector on a flower stand in the pews. He based his decision on the grounds of visibility and safety. The Chancellor was satisfied that, "The impact on the appearance of the church will be modest and the benefits to be obtained by the proposed works are sufficient to overcome the presumption against change."

Re St. Lawrence Eyam [2022] ECC Der 1

The proposals were to alter the floor levels inside and outside the south porch and adjust the doors, to improve access for those with disabilities; to create a new doorway in the north wall, as a fire escape, and to remove and dispose of the pipe organ from the place where the new fire door would be inserted, with the intention of later installing an electronic organ. There were six letters of objection, and the Diocesan Advisory Committee did not recommend of the disposal of the organ. The Chancellor granted a faculty for the works to the porch and the new fire exit door, but he was not satisfied that it was appropriate to authorise the removal of the pipe organ at this stage, as possible relocation of the organ within the church had not been fully explored, nor the alternative of replacing the organ with a smaller pipe organ, and the petition did not request authority for the installation of a particular electronic organ.

Re St. Lawrence Gnosall [2018] ECC Lic 3

The petitioners wished to remove two rows of pews from the west end of the nave of the church, in order to create space for church and community activities. The Chancellor was satisfied that it was appropriate to grant a faculty. The church would remain predominantly pewed and any harm to the special significance of the Grade I church would be modest and would be outweighed by the potential benefits.

Re St. Lawrence Toot Baldon [2023] ECC Oxf 10

The petitioner's late wife's ashes had been interred in the grave of her mother in 2019. The petitioner had obtained the approval of the Team Vicar to the laying of a ledger stone in memory of his wife on the grave. The stone was not one which was authorised under the churchyards regulations, which the Team Vicar had failed to appreciate. This oversight came to light when a couple who had known the petitioner's wife, wrote to the Diocesan Registry to object to the stone being outside the regulations and out of keeping with other stones in the churchyard. The Chancellor decided ("Not without some hesitation ...") to allow the stone to remain, as the petitioner had "the full support of the minister, the churchwardens, the PCC, the DAC, and the petitioner’s family, and for powerful pastoral considerations".

Re St. Lawrence Warslow [2012] Stephen Eyre Ch. (Lichfield)

The Petitioners sought a faculty for the rebuilding and restoration of the organ in the nineteenth century Grade II listed church. An organs adviser from the Church Buildings Council advised against the planing of the pedal keys, the replacement of the ivories, and the stripping of the front pipes before their repainting. The Chancellor determined to grant a faculty for the proposed works, but without imposing the conditions recommended by the organs adviser.