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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. Mary Charminster [2016] ECC Sal 1

The church is situated in an area which floods regularly. In 2014, severe flooding had damaged the wood block flooring of the Grade I listed church. It was proposed to replace the wood block flooring with stone laid over insulation and with underfloor heating. The architects on the Diocesan Advisory Committee did not favour the type of insulation ("Celotex") proposed by the church architect. After considering the advice of the architects and advice from a Chartered Civil Engineer, the Chancellor granted a faculty for the works as proposed by the church architect.

Re St. Mary Chartham [2017] ECC Can 1

The petitioners wished to install two closed circuit television ("CCTV") cameras in the church and a recorder in the vestry, to enable the church to be left open during the day. The Commissary General granted a faculty (subject to conditions) and set out in her judgment the principles and guidelines to be followed in respect of future applications for the installation of CCTV equipment.

Re St. Mary Chinley [2021] ECC Der 3

The petition proposed the removal and disposal of three pews from the back of the church, replacing them with moveable tables and chairs; removal and disposal of the wooden pulpit; and moving the stone font from the back to the front of the church. The church building dates from 1907. It was formerly a church hall. The Deputy Chancellor granted a faculty. 

Re St. Mary Chithurst [2020] ECC Chi 1

The Parish Council, which was responsible for the maintenance of the closed churchyard at Chithurst, wished to fell an ash tree, which was suffering from ash die-back, on the grounds that the disease might cause the tree to become dangerous within the next few years and cause damage to the church or passers-by. The proposal was opposed by two neighbours. The Chancellor was satisfied that the petitioners had made a good case for the felling of the tree and granted a faculty.

Re St. Mary Coton in the Elms [2017] ECC Der 2

The petitioner sought permission to erect a memorial to her late father. The design comprised a tapered four-sided stone surmounted by a Celtic cross. (Her father was a Catholic of Irish descent.) The overall height of the memorial would be 43 inches. The PCC felt that the proposed stone was too tall (though the maximum height specified in the churchyards regulations was 48 inches), and that the design would be out of keeping with the rest of the memorials in the churchyard. The Chancellor considered that the design was within the regulations, and that uniformity was not to be sought in itself. Applying the test of 'suitability', he granted a faculty.

Re St. Mary Cottingham [2016] ECC Yor 1

The Chancellor granted a faculty for (a) the removal of six rows of pews and (b) new flooring, as Phase 1 of proposals to create some consistency in floor levels and provide more circulation space at the west end of the church.

Re St. Mary de Wyche Wychbold [2022] ECC Wor 6

The petitioner wished to purchase and install at his own expense a new Second World War Memorial of the same design as, and to replace, the existing memorial plaque fixed to the wooden side of the lychgate at the churchyard. The plaque was made of moulded metal and it gave the name of the Petitioner's cousin as "Pat Collins". The petitioner stated, and produced evidence to show, that his cousin's proper name was Kenneth Lawrence Collins (though his nickname was "Pat") and that Kenneth had been the resident from Wychbold who had died in the Second World War. The Deputy Chancellor determined that, as the memorial was a public record, it ought to show the correct name. He therefore granted a faculty permitting an amendment to the existing memorial, if possible, failing which the memorial could be replaced with a replica showing the petitioner's cousin's name as "Kenneth L. Collins".

Re St. Mary Denver [2023] ECC Ely 3

There was an application for a faculty to authorise a polished green granite memorial, including an etching of a rose picked out in blue. The Chancellor refused to grant a faculty on the grounds that some features of the proposed memorial were outside the churchyards regulations and no good reason had been advanced for allowing an exception.

Re St. Mary Denver [2023] ECC Ely 5

The Chancellor had previously refused permission for a polished green granite memorial stone. The petitioner had responded with a letter expressing disappointment at the Chancellor's decision. This judgment contains the Chancellor's reasons for his decision to refuse permission for the type of stone requested.

Re St. Mary Doddington [2020] ECC Ely 2

The petitioner wished to reserve a grave space in the churchyard next to the grave of her father. Several of her relatives were buried in the churchyard. The petitioner did not live in the parish, but in another parish in the same benefice, and she was not on the church electoral roll. The Parochial Church Council (PCC) had had a policy for at least 15 years of not supporting applications for the reservation of graves, as a result of which several letters of objection from parishioners were received in response to this application. The Chancellor determined that the PCC's policy was not unreasonable, and he could find no sufficient grounds to go against the policy. He therefore refused to grant a faculty.