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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 Middleton-in-Teesdale [2021] ECC Dur 1

The associate minister and a churchwarden wished to remove from the churchyard two cedar trees, which were situated within 2 metres of the northern wall of a plant room, adjacent to the vestry.   In recent years the trees have been causing problems, dropping a large amount of debris on the roof on the north side of the church, choking gutters and downpipes, and causing rainwater to cascade down the wall. The quinquennial inspection report had advised removal of the trees due to the rainwater issues and also damage caused by tree roots. A couple whlo lived in the parish submitted a letter of objection. The local authority had agreed to the two trees being removed (the churchyard being in a conservation area), subject to two replacement trees being planted in the churchyard. The Chancellor found that there was a convincing case for the removal of the trees and granted a faculty.

Re St. Mary the Virgin North Aston [2020] ECC Oxf 3

The proposal was to replace a clear glass window in the south chapel of the church with a new, stained glass window of contemporary design (but incorporating two small original late medieval glass eagles). There was one party opponent, though several parishioners, including members of the Parochial Church Council, expressed their objections to the proposed design. The Chancellor refused to grant a faculty. He was not satisfied that a convincing case had been made for the particular design in the particular location, such as to overcome the normal presumption against change. He was also concerned that the design of the window, if introduced, would be resented by a significant minority of the worshipping community.

Re St. Mary the Virgin Pilsley [2017] ECC Der 1

The Rector and fellow petitioners applied for the Victorian church organ to be declared redundant and removed, whilst retaining the decorative front row of pipes between the chancel and the vestry behind. The description of works in the Statement of Needs decribed the works slightly differently by saying that the organ should be placed on the Redundant Organ List of the Institute of British Organ Builders ("IBO"). A report from the Church Buildings Council recommended that the organ was of sufficient quality to merit its relocation as a complete instrument and that it should be placed on the IBO list. The Deputy Chancellor declared that the organ was redundant and that the complete organ shall be put on the IBO list for a minimum of six months. He also directed that amended plans be prepared for the division of the chancel from the vestry using oak panelling.

Re St. Mary the Virgin Podington [2021] ECC StA 1

The petitioners applied for a confirmatory faculty in respect of a memorial placed in the churchyard without permission. The Chancellor refused to grant a confirmatory faculty and granted a faculty for its removal by the team Vicar and churchwardens on the grounds that: (1) the installation without authority was a trespass; (2) the type of stone and colour of lettering were not authorised by the churchyards regulations; (3) part of the inscription (which suggested that a particular cancer treatment was responsible for the death of the person commemorated) was inappropriate; (4) there were concerns for safety, as the memorial was not installed by a member of the National Association of Memorial Masons; and (5)  'Allowing the memorial to remain fails to address the unfairness to others who correctly obtain appropriate authority and follow the Regulations'.

Re St. Mary the Virgin Primrose Hill [2022] ECC Lon 2

The petition sought permission for the introduction into the church of 150 new upholstered chairs of mixed colours - 65 white, 65 light blue, 10 pink and 10 lavender. The chairs had in fact already been installed, the petitioners having felt under pressure to install them before a visit by the Bishop to celebrate the 150th anniversary of the consecration of the church, and replying on a recommendation of the Diocesan Advisory Committee. The Church Buildings Council did not favour upholstered chairs, nor multiple colours, if upholstery were allowed. The Chancellor determined that there was no convincing need for more than one colour, but bearing in mind that the majority of the chairs were in the two muted colours of white and light blue, and had been purchased at considerable expense, he granted a faculty for the white and blue chairs to remain, but directed that the brighter-coloured chairs (10 pink and 10 lavender) should be removed from the church.

Re St. Mary the Virgin Redcliffe [2017] ECC Bri 1

The petition proposed: 'Conversion of the altar table in the Lady Chapel to serve also as a chest of drawers suitable for storage of vestments.  Four oak faced panels applied from behind the existing table frames and stretchers will cover the front and ends of the table to ensure that the drawers will not be visible on the infrequent occasions when the altar is stripped'. The Chancellor determined that the conversion of the altar into a chest of drawers would be in breach of Canon F2, which requires that 'The table, as becomes the table of the Lord, shall be kept in a sufficient and seemly manner ...' He therefore refused to grant a faculty.

Re St. Mary the Virgin Redcliffe [2020] ECC Bri 1

The Chancellor granted a faculty to authorise the installation of an electronic bird deterrent, in order to discourage pigeons from nesting in the north porch of the church and fouling the stonework. The deterrent consists of wires laid into a rubberised strip, which gives a mild electric shock to birds landing on it. The judgment contains a discussion of the relevant legislation relating to the protection of wildlife.

Re St. Mary the Virgin Rowner [2021] ECC Por 4

The petitioner wished to exhume the cremated remains of her mother and reinter them in the same churchyard with the remains of her father. It had been intended that the plot into which the petitioner's mother's remains had been interred should have been a double grave, but when the petitioner's father died it was found to be impossible to add the father's remains to the grave, due to insufficient depth. Also, the grave could not be enlarged due to concrete obstructions. Therefore the petitioner's father's remains had to be put in a nearby grave. The Chancellor considered that a mistake had been made, in that those digging the mother's grave should have been aware that a double plot was required and that the plot itself was not suitable for a double interment. He therefore granted a faculty of the exhumation of the mother's remains and their reinterment in the grave of her husband.

Re St. Mary the Virgin Selling [2013] Morag Ellis Comm. Gen. (Canterbury)

Faculty granted for the sale to the National Maritime Museum of two flags taken from the Battle of Trafalgar, one a Union Flag from HMS Minotaur, the other an Austrian ensign believed to have been taken from the Spanish ship Neptuno.

Re St. Mary the Virgin South Hayling [2014] Philip Waller Ch. (Portsmouth)

The petitioners wished to erect an octagonal extension with a link to the existing north door of the church to provide facilities for a clergy vestry, a meeting room with mezzanine, 2 WCs (including one for disabled), a kitchenette, choir robe store and general storage. This would involve building over graves and the moving of four upright stones and four kerb sets. Objections were received from six people whose family graves would be affected by the proposals. Faculty granted. Chancellor: "... in my judgment the petitioners have demonstrated a clear need for the proposed extension and I am satisfied from all the information available that the nature, design and location of the building are all entirely appropriate and fulfil the intended purpose. It is a matter of regret that established grave sites and markers will be affected by the erection of the new building, but I have reached the conclusion that the proposed extension is necessary if the mission and functioning of the church is to be maintained and developed and that the benefits for the church and for all who use it outweigh the adverse impact on the grave sites."