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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. Mary & St. Radegund Postling [2021] ECC Can 1

A priest, who (and whose family) had several connections with the church and village, wished to reserve a grave space. The Parochial Church Council ('PCC') objected on the basis that it had made a policy decision in 2012 (reaffirmed in 2020) of not approving any reservations of graves, but to have a 'first-come, first-served' policy, though the present incumbent and self-supporting minister of the parish supported the present application. The Chancellor stated that weight should always be given to such a PCC policy, but such a policy could not override the discretion of the Chancellor, should an exceptional case arise. The Chancellor decided that in this case the petitioner had shown such a degree of exceptionality as to justify the grant of a faculty.

Re St. Mary Adderbury [2024] ECC Oxf 4

The Parochial Church Council (PCC) wished to amend a faculty granted in 2023, for the installation of electric heating so as to substitute Near Infrared ‘Couronne’ chandeliers for the Far Infrared ‘Halo’ chandeliers which had been approved. The advantage of the Couronne chandeliers was that they would save the PCC £40,000; the disadvantages that they were not as attractive as the Halo chandelier and they would give off a red glow. The Chancellor considered that the proposed variation would be a major departure from what had previously been approved and would affect the character of the church as a Grade I listed building of special architectural or historic interest. He accordingly dismissed the petition.

Re St. Mary Allithwaite [2016] ECC Car 1

The PCC had passed a resolution in 2009 that it would not support future applications for the reservation of graves, as it was estimated that the churchyard would be full within ten years. The Chancellor refused to grant a faculty for the reservation of a grave for a parishioner and his wife, who wished to be buried in a grave next to the Pet‭itioner's mother: "I have

Re St. Mary Almeley [2024] ECC Her 1

The petitioners proposed several items of reordering. One of the items was a proposal to move the font from near the south door to the eastern end of the north aisle. The reason given for moving the font was that its current position was not convenient for social or recreational occasions in church. The Chancellor reminded the petitioners of Canon F1, which requires the font to be sited near the main entrance to the church. As he decided that he could find no exceptional liturgical or other reason for moving the font, he declined to grant a faculty and said that the whole project should be looked at again and a new petition presented so that the proposals could be reconsidered as a whole.

Re St. Mary and St. Cuthbert Chester-le-Street [2017] ECC Dur 1

The proposal was to install four 50 inch LCD monitors on pillars in the nave of the church, plus a 24 inch monitor in the choir vestry and a 32 inch monitor on a wheeled trolley, plus associated electronics and wiring. There were several objections from parishioners. Historic England and the Council for the Care of Churches (though it did not formally object) considered that the monitors would be intrusive and harm the character of this historically significant Grade I church, which has associations with St. Cuthbert. The Chancellor refused to grant a faculty so far as the four largest screens were concerned.

Re St. Mary and St. Michael Cartmel [2017] ECC Car 2

A number of reordering proposals included replacing 18 oak nave pews with Howe 40/4 chairs and the re-siting of the Victorian font. Neither Historic England nor the Victorian Society objected to the proposals. Two parishioners submitted letters of objection, but did not wish to be parties to the proceedings. The Chancellor granted a faculty, being "satisfied that the benefits which will flow from the removal of these pews are significant in that the removal of the pews will allow the space of the nave to be better appreciated and will allow the use of such space for a variety of activities. Even bearing in mind that this is a listed building, I am satisfied that there is a clear and convincing justification for the removal of the pews which outweighs such small degree of harm."

Re St. Mary and St. Nicholas Spalding [2016] ECC Lin 5

The petitioners sought a faculty to authorise the installation of servery units in an 'L' shape in the south-west corner of the church. Historic England objected to the 'L' shape and felt that the two arms of the 'L' should be separated, leaving space in the corner. The Chancellor granted a faculty for the works as proposed: "I judge that if the units were moved apart leaving a gap in the corner the separation will lead to a spread of ‘kitchen activity’ over a wider area and leave a gap in the corner which will inevitably become filled with unattractive items."

Re St. Mary and the Holy Rood Donington [2020] ECC Lin 1

There was an application for a faculty to create a grave in the east end of the north aisle of the Grade I church for the reburial of the remains of Capt. Matthew Flinders, the  famous navigator and cartographer, and the installation of a new ledger stone above the grave. Capt. Flinders' coffin, bearing his name, had been discovered in 2019 during HS2 works to expand Euston Station, and the proposal was to return his remains to the town where he was born. The churchyard had been closed for burials from 1 August 1865, but an Order in Council in 2020 added an exception to the original Order in Council, to allow the interment of Capt. Flinders' remains in the north aisle of the church. The Chancellor determined that, notwithstanding the 2020 Order in Council, a faculty was still needed to authorise the interment in the church, and there needed to be exceptional circumstances to allow an interment inside the church. He decided that the circumstances were exceptional, and that allowing the burial in church would not set a precedent, as the Orders in Council prevented any further burials. He therefore granted a faculty.

Re St. Mary Andover [2020] ECC Win 4

Extensive reordering was proposed, mainly with a view to providing more flexible worship and community use of the church. The main items of concern were: the removal of the chancel stalls to provide additional space for contemporary musical accompaniment for services and for visiting choirs and musicians; the replacement of the nave pews with chairs and the carpeting of the nave. The Chancellor was satisfied that the petitioners had made a case for the works, with the exception of the carpeting, and he granted a faculty accordingly.

Re St. Mary Ashford [2018] ECC Can 3

As part of the Ashford Borough Council's Ashford Snowdogs art trail, there was a proposal to place in the churchyard a statute of a brightly painted dog. There was one objector, a parishioner whose house overlooked the churchyard, who objected to the installation on aesthetic grounds. As the proposal was that the dog would only be in the churchyard for 10 days, the Commissary General considered that, in view of the community  benefits of the project, the installation's presence would be so transitory as to make the diminution of the Church’s setting insignificant. She accordingly granted a faculty allowing the installation for 10 days.