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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 Ringmer [2015] Mark Hill Ch. (Chichester)

A Faculty was granted for: (1) the removal of two short pews at the west end of the south aisle of a Grade I 14th century church and provision of additional bookshelf units; and (2) the removal of the rearmost pew on the south side of the nave to provide additional space for wheelchair users. The Chancellor, considered the principles laid down in Re St. Alkmund Duffield [2013], and determined that, "The selective removal of a very small number of pews will not affect the character of the church as a building of special architectural or historic interest."

Re St. Mary Roughton [2017] ECC Nor 1

The petitioner applied for a confirmatory faculty to allow the retention of gravel placed over his late wife's grave. The gravel was placed over a membrane and retained by metal edging. Neither the Diocesan Advisory Committee nor the Parochial Church Council supported the work. The Chancellor refused to grant a faculty on the grounds of potential future maintenance problems and the fact that to allow the gravel to remain might encourage others to wish to lay gravel in the churchyard. The Chancellor directed that the gravel was to be replaced with turf by the petitioner within three months, failing which the churchwardens were authorised to do the work.

Re St. Mary Sledmere [2007] Peter Collier Ch. (York)

The petitioner was a world-renowned influenza virologist with a particular interest in the 1918 Spanish Influenza strain, a type of avian influenza. In view of the concern in 2007 regarding the avian H5N1 virus, the petitioner wished to exhume the body of Sir Mark Sykes, who had died from Spanish Influenza in Paris in 1919. Samples from previous victims of the 1918 disease had been of insufficient quality for the petitioner's current research to try to ascertain how the 1918 virus spread in the body, which might help in research to find better clinical treatment for avian viruses. The fact that Sir Mark had been buried at Sledmere in a sealed lead coffin raised the likelihood of better samples being found for the petitioner's research. The Chancellor granted a faculty. The prospect of finding a way of combatting the H5N1 virus would be of public benefit and was a sufficiently exceptional reason to displace the normal presumption against exhumation. 

Re St. Mary Slindon [2015] Mark Hill Ch. (Chichester)

A faculty was sought for the addition of a fully accessible lavatory, for a small kitchen facility and for roof repairs. The proposals were supported by the DAC, the planning authorities, the Victorian Society, the Church Buildings Council, English Heritage and the Ancient Monuments Society, but the Society for the Protection of Ancient Buildings was concerned at the cutting through of the fifteenth century west wall of the north aisle. It considered this intrusion into the fabric of the church to be unnecessary as a level external access was possible from the church to the lavatory. The Chancellor, after considering the questions in Re St. Alkmund Duffield, granted a Faculty for the works, including the internal access to the lavatory.

Re St. Mary Southampton City Centre [2018] ECC Win 3

The proposed re-ordering was to facilitate a project by the diocese to establish a new congregation at the church, in association with Holy Trinity Brompton and its Churches Revitalisation Trust. The works included wheelchair access; the removal of a screen containing a kitchen and lobby; the introduction of a new screen to form a lobby to west door, incorporating a coffee bar and storage; a new external door; two screens under the tower to create a chapel; a screen to create a narthex; and the removal of an existing WC pod. The Chancellor granted a faculty.

Re St. Mary Southgate [2015] Mark Hill Ch. (Chichester)

A number of improvements were proposed to a 1950s unlisted church, including replacement of the felt roof covering with pre-coated zinc, replacement of windows; and improvements to the entrance to the church. The Twentieth Century Society objected to the proposals, but did not wish to become a party to the proceedings. Faculty granted.

Re St. Mary Stafford [2011] Sybil Thomas Dep. Ch. (Lichfield)

The Petition related to internal re-ordering, including a new disabled toilet, new screens, new furniture, and removal of some pews. Objections from the Victorian Society, the Ancient Monuments Society, the Stafforfdshire Historic Buildings Trust and a regular worshipper at the church related to the replacement of the Victorian main entrance door, which was part of a re-ordering carried out by Gilbert Scott in 1842, and the insertion of new outer doors to the porch. The Deputy Chancellor granted a faculty, subject to (inter alia) a condition that the Gilbert Scott door should be retained in an appropriate place in the church, in view of its historical and architectural significance.

Re St. Mary Stalbridge [2024] ECC Sal 1

The Parochial Church Council ("PCC") wished to replace the oil-fired boiler with a new oil-fired boiler. The Diocesan Advisory Committee considered that the PCC had not had "due regard" to net zero guidance, as required by the Faculty Jurisdiction Rules 2022. Before their petition had been considered by the court, the PCC arranged the installation of the replacement boiler. The PCC subsequently provided the Deputy Chancellor with information about alternative heating systems, which included a quotation for converting the oil-fired boiler to run on hydrotreated vegetable oil ("HVO") at some stage in the future. The Deputy Chancellor, in view of the PCC's declared aim to decarbonise its heating with the development of an eco-friendly heating system within the next 5 years, granted a faculty, subject to (a) the PCC undertaking accredited carbon offsetting, and (b) the faculty limiting the use of the oil-fired boiler until 2028, when any request for an extension would have to be supported by evidence as to whether there had been compliance with the offsetting condition and whether the boiler had by then been converted to HVO.

Re St. Mary Stalbridge [2024] ECC Sal 2

In his judgment in Re St. Mary Stalbridge [2024] ECC Sal 1, the Deputy Chancellor granted a confirmatory faculty for the installation of a new oil-fired boiler, subject to conditions, and gave directions as to the provision of further evidence regarding the circumstances in which the boiler was unlawfully installed without the authority of a faculty. After considering further evidence from the petitioners and the heating engineers, the Deputy Chancellor advised the petitioners that in future they must always obtain a faculty (or other authorisation) before they commence any works in the church. He also proposed (after seeking advice from the Diocesan Advisory Committee) to make an order under s.78(3) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, known as an excluded matters order. This would have the effect, for a specified period of time (which he proposed should be two years), of depriving the parish of the benefit of List B authorisations, so that any works falling within List B, which would ordinarily require only the authorisation of the Archdeacon, would, during the specified period, instead require a faculty.

Re St. Mary Stamfordham [2022] ECC New 3

The petitioner wished to erect in the churchyard a memorial to his late wife. The proposed stone was light grey granite, polished on its face. The Parochial Church Council objected to the use of granite. Local churchyard regulations provided for sandstone to be used, to blend in with the sandstone of the Grade I listed church, and in the area used for burials since 1947 the memorials were exclusively of sandstone. The Chancellor refused to grant a faculty for the use of granite. Granite would look out of place amongst the existing sandstone memorials. And to allow granite could upset those already denied the opportunity of having granite, and might generate an expectation that granite could be permitted in future.