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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 the Virgin Burton Latimer [1995] Thomas Coningsby Ch. (Peterborough)

The Incumbent and Churchwardens sought permission to sell a Georgian silver flagon and matching alms dish dated 1774, a silver chalice and paten dated 1570 and the surviving part of an illuminated medieval missal. The Council for the Care of Churches suggested that the missal should be deposited in the County Records Office. This was agreed, and a faculty was granted in respect of that item. The silver had not been used for over 20 years and the proposed sale was with a view to starting a fund to cover the cost of an extension to the church, the cost of which would be in th region of £300,000. The Chancellor refused to grant a faculty for the sale. Church silver should only be sold as a last resort. The application to sell the silver was premature. There was no immediate financial crisis. Planning permission had not yet been obtained. In fact planning permission had been refused two years earlier and no appeal had been made against the decision. There had not yet been any appeal for funds, and so one could not argue that the proceeds of a sale of the silver were vital to the completion of the project.

Re St. Mary the Virgin Charlbury [2021] ECC Oxf 10

The works proposed included the conversion of an existing kitchen at the east of the north aisle to a new WC, with with disabled access and baby-changing facilities, and the creation of a new kitchen 'pod' in the north east corner of the north aisle. The Chancellor determined that the proposals would cause only moderate harm to the appearance of the Grade I listed church, which would be outweighed by the benefits of the new facilities. He therefore granted a faculty.

Re St. Mary the Virgin Clifton Campville [2022] ECC Lic 1

The church had been declared redundant in 2001 and in 2004 a lease for 99 years had been granted to a charity. The charity applied for a faculty to lay a foul drain through the  churchyard to take the waste from a disabled toilet which was to be installed in the church, to serve the needs of people attending the church for community events. A party opponent objected on the grounds that there was little need for community events in the church, that  the funds needed for the project could be better spent elsewhere, and that the village sewerage system was already stretched to the limit. The petitioners argued that, as the church had been used only twelve times in the previous year, the toilet usage would not overload the sewerage system. The Chancellor noted that the local authority had approved the proposal, and was therefore presumed not to be concerned about the laying of an additional drain in the village. Also, it was believed that there were no burials in the churchyard which would be affected by the laying of the drain. The Chancellor therefore granted a faculty.

Re St. Mary the Virgin Eccleston [2017] ECC Bla 4

The petitioners wished to erect a memorial on the grave of two family members. The Incumbent, churchwardens and PCC did not support the application. The Chancellor granted a faculty. The judgment includes a discussion of two subsidiary issues: (1) do the petitioners need to show some exceptional reason for the proposed memorial; and (2) is it open to the Diocesan Advisory Committee to change the advice it proffers to the parties and to the Chancellor and, if so, in what circumstances?

Re St. Mary the Virgin Fawley [2022] ECC Oxf 3

The priest in charge and churchwardens petitioned for a faculty to permit reordering works, including the provision of kitchen servery and toilet facilities, a renewed heating system and the removal of some pews to create a more flexible space in the church, in order to advance the church's worship and mission. Notwithstanding concerns of the Victorian Society and the Society for the Protection of Ancient Buildings, the Chancellor determined to grant a faculty, being satisfied that any harm to the significance of the church was likely to be outweighed by the public benefits to be generated as a result of the proposals.

Re St. Mary the Virgin Fishponds [2016] ECC Bri 10

The Chancellor granted a faculty allowing a blue plaque to be placed on the outside of the church to commemorate Gordon Welchman, who had played a significant role in code-breaking at Bletchley Park during the Second World War, and whose father had been Vicar of the Parish.

Re St. Mary the Virgin Goosnargh [2019] ECC Bla 2

A faculty was sought to allow an extension to the existing churchyard path, in order to facilitate access to an existing wooden bench in wet weather when the ground becomes very wet. There was one objection. The Deputy Chancellor granted a faculty.

Re St. Mary the Virgin Headley [2019] ECC Gui 3

The Chancellor granted a faculty for an extension to the church to provide a Church Room, Historic England and the Victorian Society having indicated that they had no objections to the proposal.

Re St. Mary the Virgin Hook [2022] ECC She 3

Reordering proposals included replacing the church pews with chairs, new audio-visual equipment, moving the font, an accessible WC, a kitchenette, storage and blue carpet runners. The petitioners' objective was to make the church more suitable for church and community events, to try and increase the church's income, in order to raise money for repairs to the roof. The Diocesan Advisory Committee recommended the proposals. There were no objections in response to public notices, but all the amenity societies consulted (though none became parties opponent) objected to metal framed upholstered chairs. The Chancellor was satisfied that the petitioners had made a good case for the works and granted a faculty for all the works, subject to the replacement chairs being made of wood, in accordance with the guidelines of the Church Buildings Council.

Re St. Mary the Virgin Long Crendon [2023] ECC Oxf 1

The petitioner wished to install an upright memorial over the single plot in the churchyard where the cremated remains of both her parents had been interred. The Parochial Church Council ("PCC") objected (inter alia) that the upright memorial would not be in keeping with other ashes plots in the row, where the memorials were laid flush with the ground or desk shaped, and it would set a precedent for others. Nine local residents (all but one of whom were members of the PCC) submitted letters of objection for similar reasons. The Diocesan Advisory Committee recommended the proposal. For several reasons (too many to be listed in this brief summary) the Chancellor granted a faculty.