Reordering

Various items of reordering of the church were proposed. Several concerns and objections had been expressed by the statutory consultees, and revisions to the plans had been made. The Chancellor granted a faculty based on the revised proposals. The judgment contains some advice to petitioners in general concerning adequate consultation with the statutory consultees and the preparation of clear plans and specifications, particularly where plans and specifications have been amended.

The petition proposed several items of reordering. The Victorian Society became a party opponent, objecting to one specific item, namely, the treatment of the Victorian plain black and red tiling in the nave of the Grade II* church. The Chancellor was satisfied as to the suitability of the remaining items, and this judgment is mainly directed at the one contentious item. The petitioners contended that the Victorian tiles needed to be removed to allow the replacement of all the flooring in the nave, in conjunction with the proposed new underfloor heating, in order to achieve a sufficient heat output. The Chancellor granted a faculty for all items in the petition, except in respect of the stone floor finish. He directed that as many of the original tiles as possible should be salvaged and re-laid with as many suitable reproduction tiles as may be required.

Faculty granted for votive candle stand. Judgment contains a discussion as to the legality of the use of votive candles in church.

The proposed reordering works included removal of some pews; alterations to the low wall between nave and chancel; creation of storage units in the Berkeley Chapel; raised platform in front of the choir and new nave altar; display cabinets near font; servery; toilets; glazing of tower arch and a new screen wall in front of the tower. The main object was to provide a more welcoming and useful space, especially for large gatherings. There were several objectors to the proposals, but no parties opponent. The Deputy Chancellor granted a faculty for all the works.

Several items of reordering were proposed, in order to make the space in the church more flexible for church and community groups and events. Objections were received as to the reordering generally and also as to lack of detail in some of the proposals. The Deputy Chancellor granted a faculty for the removal of the pews and their replacement with unupholstered chairs to be approved by the Diocesan Advisory Committee; a toilet; a kitchen; insulation of the roof; upgrading of doors; and tower repairs. He refused to grant a faculty for secondary glazing and a replacement heating system, owing to lack of detailed information provided by the petitioners.

In 2016 the Chancellor of the Diocese of Chester granted a faculty for the proposed new church centre. An application was subsequently made by the objectors to the Chancery Court of York for leave to appeal. By an Order dated 20 December 2016, the Auditor of the Chancery Court gave leave to appeal on only one of the grounds put forward by the objectors. The appeal to the Chancery Court of York was later withdrawn as the result of a Consent Order.

In 2015 a petition was presented in the Diocese of Chester, seeking permission to construct a new church centre at Upton St. Mary at a cost of £1.6m. This would involve the demolition of an adjacent hall. There were objections. On 30 November 2015 the Chancellor gave an interim judgment dealing with the question of whether the adjacent building was within the curtilage of the church. The Chancellor concluded that it was, and so it was within his jurisdiction. For the chancellor's full judgment, see Re St. Mary Upton [2016] ECC Chr 3.

The Chancellor granted a faculty for the proposed new church centre. Following the judgment an application was made by the objectors to the Chancery Court of York for leave to appeal. By an Order dated 20 December 2016, the Auditor of the Chancery Court gave leave to appeal on only one of the grounds put forward by the objectors. The appeal to the Chancery Court of York was subsequently withdrawn as the result of a Consent Order. See Re St. Mary Upton (or Overchurch) (Order) [2016] ECCY 1.

Review of original judgment following objections of Parish Council (after the grant of a Faculty) to the removal of pews and replacement with chairs. Faculty confirmed.

The petition proposed a major reordering, including the removal of pews from the nave and their replacement with Howe 40/4 chairs; alteration of choir pews and other reordering of the chancel; installation of underfloor heating; extensive re-flooring; removal of walls at the west end of the church and installation of glass screens and doors. The Victorian Society was a party opponent. The Deputy Chancellor granted a faculty, concluding that this was an exceptional case where extensive reordering was necessary to meet the needs of the church and the local community.