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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 Lowgate, Hull [2020] ECC Yor 2

The petition proposed the following items of reordering in the church: removal of pews from the aisles and replacement of the pew platforms with flagstones; new heating system; renewal of the electrics; installation of new WCs; a new clergy vestry; a space for meetings and workshops; and an area for refreshments (later to become a full kitchen). The Society for the Protection of Ancient Buildings and the Victorian Society had reservations about the proposals, the latter being particularly concerned about the removal of Victorian tiles from the aisles. However, the Chancellor granted a faculty, being satisfied that there was a clear justification for the proposals and that any harm to the significance of the church as a building of special architectural or historic interest would not be substantial.

Re St. Mary Luton [2023] ECC StA 3

The petition sought permission to replace the pink padded oak chairs in the nave of the Grade I church with Alpha SB2M metal-framed chairs with dark grey upholstery, which would be lighter, provide greater flexibility, be easier to stack and store, and the colour would be more sympathetic to the interior of the church. The Chancellor concluded that the benefits of the new chairs would outweigh any minimal harm to the interior of the church and accordingly granted a faculty.

Re St. Mary Lydiard Tregoz [2018] ECC Bri 3

An extensive programme of reordering was proposed, to include: re-roofing and stonework repairs; new drains and soakaways; repair and realignment of pews; conservation of paintings and monuments; new lighting; removal of some pews; and relocation of the boiler to the churchyard, to create a vestry. The Church Buildings Council had a number of serious reservations about the proposals, which were rebutted by the petitioners. The Chancellor rejected the Council's concerns and granted a faculty.

Re St. Mary Magdalene Adlestrop [2017] ECC Glo 2

The Rector and Churchwardens of St Mary Magdalene Adlestrop petitioned to install a hatchment in the Church in memory of the late Mrs. Collins of Adlestrop Park. The Chancellor granted a faculty. The judgment contains a discussion of the nature of hatchments and their placement in church buildings.

Re St. Mary Magdalene Ashton upon Mersey [2016] ECC Chr 1

The petition proposed an extensive program of reordering. The Victorian Society became a party to the proceedings, opposed to the proposals for upholstered chairs and carpet in the nave. The Chancellor granted a Faculty. He was not prusaded by the argument of the Victorian Society that persuaded that carpet in the Grade II building would cause the damaging ‘domestication’ of the interior. With regard to the upholstered chairs, he concluded that 'the choice of chair will inflict some modest harm on the visual aesthetics of the building, but ... this parish has demonstrated a benefit which will outweigh the harm.'

Re St. Mary Magdalene Bolney [2022] ECC Chi 4

The petitioner, who did not live in the parish and therefore had no legal right to be buried in it, wished to reserve a double depth grave in the churchyard for himself and his wife, next to the grave of their son, who had died in a tragic accident at the age of 24. The associate priest objected (without becoming a party opponent) on the grounds that spaces for burial were limited and since 2021 the parish had had a policy of not approving further grave reservations, as the churchyard was likely to be full within about six years. In the circumstances, the Chancellor felt it would be unfair to override the parish policy and refused to grant a faculty.

Re St. Mary Magdalene Clitheroe [2017] ECC Bla 8

This was a determination of two petitions relating to: a new boiler and changes to the heating system; new lighting and power systems; redecoration; reordering of the chancel; changes to the south door; and disposal of chancel furniture. The Chancellor granted a faculty on the basis that "and the harm to the significance of the building caused by removal of furniture and fittings is outweighed by the liturgical freedom created, and the public benefit to be gained by having a flexible area to utilise for worship and other diverse activities".

Re St. Mary Magdalene Cresswell [2017] ECC Der 6

There was a proposal to remove the pews from the side aisles, with a view to replacing them in due course with new seats. In the meantime there were some plastic seats in the church, which could be placed in the side aisles when a large congregation was expected. The Chancellor was concerned that no detailed proposals had been presented in respect of replacement chairs. He granted a faculty for the removal of the side aisle pews, subject to conditions that the existing plastic chairs should not be left in the side aisles when not needed, and that the petitioners should by the end of 2019 put forward detailed proposals for replacement chairs.

Re St. Mary Magdalene Davington [2015] Steven Gasztowicz Ch. (Canterbury)

Re-ordering proposals included the provision of a meeting room (with glass front); servery and toilet facilities; a gallery above the proposed meeting room; an upgrading of the heating and lighting installations; and moving both the font and war memorials to new locations within the Church to accommodate the works. The guidelines in Re St. Alkmund Duffield [2013] were considered. A Faculty was granted.

Re St. Mary Magdalene Fleet [2016] ECC Lin 6

The Chancellor granted a faculty to authorise the re-use of an area of the churchyard in which there were no memorials and where it was believed that there had been no burials for at least 75 years.