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Alphabetical Index of all judgments on this web site as at 10 September 2024

Judgments indexed by Diocese:
2024 Judgments
2023 Judgments
2022 Judgments
2021 Judgments

Re St. Mary Magdalene South Bersted [2014] Mark Hill Ch. (Chichester)

A faculty was sought for the disposal of: 4 short free-standing modem oak pews (circa 1967); 3 desks; a portable altar and communion rail;  2 old 'Glastonbury' style sanctuary chairs; a wooden cross; 2 wooden candlesticks; 11 standards and their metal wall fixings. The Diocesan Advisory Committe and the Church Buildings Council both supported the disposals. The Chancellor decided that none of the items was a "church treasure", which would justify him in holding a formal hearing. Faculty granted.

Re St. Mary Magdalene Stilton [2021] ECC Ely 1

The Rector and Churchwardens sought permission to remove two pews from the front of the nave, to create a larger performance area, and four pews from the back of the nave, to provide a children's area. The proposals had been trialled under an archdeacon's licence for temporary reordering. After the period of the licence expired, the reordering remained in place without lawful authority. The petitioners also wished to replace the pews with chairs with blue upholstery, which had already been purchased. The Chancellor granted a faculty for twelve blue upholstered chairs to replace the front two rows of pews only. He indicated that if a further faculty was sought for more blue upholstered chairs, he would not be minded to grant one unless a more suitable colour was chosen and the existing chairs were reupholstered in the same colour.

Re St. Mary Magdalene Wartling [2012] Ruth Arlow Dep. Ch. (Chichester)

Faculty granted for removal of Victorian choir stalls and replacement with light oak, upholstered choir pews, which would have the flexibility to be used for services in the chancel for small congregations.

Re St. Mary Mapledurwell [2019] ECC Win 1

Five yew trees, a conifer and a holly had been felled without the authority of a faculty. There had been an application for a faculty using the Online Faculty System. The petitioner (a churchwarden) had taken the approval of the Diocesan Advisory Committee to mean that a faculty would be granted. By the time the Chancellor visited the churchyard to inspect the trees, the trees had been removed. The Chancellor granted a confirmatory faculty, subject to a condition that
new native trees should be planted in the churchyard.

Re St. Mary Mappleton [2016] ECC Der 2

The Parochial Church Council wished to replace the stolen lead flashings from the church roof with Ubiflex, a material made up of reinforced aluminium mesh and a mixture of non-metallic materials. The church had a history of four lead thefts, and in 2011 the local authority had given planning permission to allow the roof to be recovered with stainless steel, though the lead flashings had been left. The PCC was financially unable to afford to replace the lead flashings with lead or steel. As a temporary expedient to preserve the fabric of the church, the Chancellor agreed to the use of Ubiflex, but required the PCC within 4 years to submit to the Registry a report on fund-raising to provide for a much longer lasting solution.

Re St. Mary Melton Mowbray [2019] ECC Lei 3

The Parochial Church Council had engaged a “decorative stone & plaster conservator” to carry out restoration work to the painting of the Royal Coat of Arms over the chancel arch of the church, without consulting the Diocesan Advisory Committee or obtaining a faculty. They subsequently realised that they should have obtained a faculty and made an application. The Chancellor, "with some hesitation", granted a confirmatory faculty. 

Re St. Mary Middleton [2022] ECC Lee 3

A baby had died two days old in 2014, and a memorial with kerbs and chippings had been erected on his grave without the authority of a faculty or even the approval of a priest. The memorial was of black polished stone and kerbs, and the inscription on the stone included the words 'OUR LITTLE PRINCE' and 'MUMMY AND DADDY LOVE YOU XXX', whilst the words ''FLY HIGH OUR BABY JJ' were inscribed on the kerb at the foot of the grave.  The proposed inscription in respect of the petitioner's father included 'OUR KING' and 'DAD AND GRANDAD/ALL THE WORLD FOR EVER AND A DAY/XXX'. Prior to installation of the memorial, the petitioner had been told by a churchwarden (during an interregnum) that there were no restrictions on the type of memorial she could have. In 2022 the child's mother petitioned for retrospective permission for the memorial and for a further inscription to be added in respect of her father. The Deputy Chancellor was unhappy about many of the features of the memorial, which were outside the churchyards regulations, but in the exceptional circumstances of the family having been badly misled so many years ago, he granted a faculty.

Re St. Mary Mildenhall [2016] ECC SEI 1

Two matters were before the Chancellor: (1) an application for a confirmatory faculty in respect of a sound system installed without faculty in 1997; (2) an application by the Archdeacon for a restoration order in respect of lighting installed in the west porch in 2015 without faculty. The Chancellor's decisions were as follows: (1) faculty to be granted for the sound system, subject to conditions, including the replacement of the old sound speakers with new speakers in different locations; (2) a decision on the application for a restoration order in respect of the lighting to be deferred for 36 days, to allow time for a faculty petition to be presented.

Re St. Mary Moseley [2011] Martin Cardinal Ch. (Birmingham)

The petitioners wished to install 48 solar panels on the south-facing nave roof of the church, to help to reduce heating costs and also reduce carbon dioxide emissions. The Diocesan Advisory Committee decided not to recommend the proposals. English Heritage and the Victorian Society objected, but were not parties opponent. The Chancellor was satisfied that the petitioners had proved a necessity and accordingly he granted a faculty.

Re St. Mary Newchurch-in-Pendle [2023] ECC Bla 1

Several items of reordering were proposed, including new toilet and kitchen facilities, removal of some pews, relocation of the font, construction of a narthex screen, a glazed internal entrance with a pair of frameless glass doors and refurbishment of the porch entrance. Notwithstanding concerns raised by the Georgian Society regarding some of the pews to be removed and the proposed relocation of the font, the Chancellor granted a faculty for all the works, being satisfied that the petitioners had demonstrated a clear justification for the proposed works in terms of the church’s worship, mission, and community outreach.