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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. Leonard Watlington [2016] ECC Oxf 3

The Chancellor refused to grant a faculty for the replacement of five cast iron downpipes and associated hoppers with high density polyethylene (HDPE) replacements on a Grade II* listed church.

Re St. Luke Birmingham [2021] ECC Bir 1

The proposals were to increase the size of the stage upon which the altar was situated; to install a new screen for the projector; and to move the Cross from its present position to the left side of the church, as it would otherwise be partially blocked by the new screen. There was one objection to the proposed repositioning of the Cross. The objector suggested an alternative position, which was agreed by the Parish, and a facutlty was granted for the Cross to be moved along the wall towards the stage opposite the entrance door, so that it would be viewed clearly when entering the worship area.

Re St. Luke Blackburn [2024] ECC Bla 3

In 2021 a Faculty had been granted for extensive reordering of the unlisted 19th century church, following its relaunch as a youth resourcing church. The faculty contained a condition that "None of the existing historic fittings in the church building are to be altered and the chancel is to remain as existing." In 2023, a faculty application sought 'retrospective permission for the removal of the pulpit and disposal of church furnishings including credence tables, lecterns and small tables’. The items had been sold to an architectural salvage company at short notice to facilitate completion of the works authorised in 2021 in time for the reopening of the church in October 2023. Notwithstanding objections from the Victorian Society regarding the removal of the pulpit, the Chancellor granted a faculty, being satisfied that the style of worship in the church had changed fundamentally and that the pulpit and other items were no longer needed for worship in the church. 

Re St. Luke Charlton [2016] ECC Swk 1

There was a petition by the Rector and Churchwardens and a telecommunications company seeking permission for the installation of six antennae and a transmission dish in the bell tower behind replacement GRP louvres, and the completion of a licence agreement. There were three written objections. Two of the objectors raise an issue about the adequacy of publication. The Chancellor gave a preliminary decision on this issue, directing that, in view of the sensitivity of the subject-matter, there should be republication of the notices.

Re St. Luke Charlton [2016] ECC Swk 10

The Rector and Churchwardens petitioned for a faculty to permit the installation of telecommunications equipment in the tower of the Grade II* church, and to permit the completion of a licence agreement with Net Coverage Solutions Limited. There were over 80 objectors, none of whom became parties opponent. Faculty granted.

Re St. Luke Charlton [2016] ECC Swk 9

This decision contains directions arising from a further objection received following the decision in Re St. Luke Charlton [2016] ECC Swk 1, which related to the proposed installation of telecoms equipment in the church tower. The new objector claimed that the proposed equipment would emit harmful radiation. The Chancellor pointed out that, in view of the Court of Arches decision in Re Emmanuel Church Bentley (2006), he could not refuse a faculty  on the grounds of danger to health, if the proposed equipment complied with international guidelines, which it did. To pursue such a claim might therefore put the objector at risk of an order for costs, if he pursued such an objection. The Chancellor therefore gave the objector 21 days in which to consider the leagl position and decide whether he wished to withdraw his objection.

Re St. Luke Formby [2015] Sir Mark Hedley Ch. (Liverpool)

The proposals included removal of the choir stalls and pulpit; introduction of a nave dais to allow a forward altar; the addition of a second screen to the wall behind the present pulpit to match the existing screen on the south side of the church; two flat screen monitors to the chancel; two loudspeakers in the chancel; and relocation of the AV control desk to the rear of the church. The Victorian Society objected to the removal of the pulpit and choir stalls. Faculty granted by the Chancellor, being satisfied that "in order to provide a living church, meeting the pastoral and liturgical needs of the current population, this reordering needs to take place."

Re St. Luke Headless Cross [2011] Charles Mynors Ch. (Worcester)

The faculty petition proposed several items of reordering. The Victorian Society (which did not become a party opponent) was concerned about the effect of the removal of both the front and rear choir stalls and desks from the chancel. The Chancellor was concerned that no firm proposals had been put forward regarding what would replace the choir stalls and desks and how the walls behind them would be treated. He granted a faculty for all the items of reordering, apart from the removal of all the choir pews and desks. But he gave permission for the removal of the front rows of choir pews and desks, to give time for the petitioners to review the effect of the partial removal of the pews and desks. If they wished to remove the rear pews and desks, then they would have to make a further application to the Chancellor, with detailed proposals for replacement furniture.

Re St. Luke Lodge Moor [2021] ECC She 3

The Chancellor granted a faculty for the extension of the church (which was built in 1966 and is unlisted) and internal reordering, in order to provide more worship space and space for meetings; to provide a café/drop-in style meeting place; and to alter the appearance of the exterior to create a more attractive and welcoming entrance.

Re St. Luke Maidenhead [2017] ECC Oxf 1

Notwithstanding his concerns that there had not been adequate consultation during the faculty process, the Chancellor granted a faculty for reordering, which included the creation of a new vicar’s vestry in the Parish Centre; rearrangement of the west end of the church, including the removal of 6 pews, to provide additional storage, the serving of refreshments after services, and a larger meeting space.