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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. Michael Cumnor [2016] ECC Oxf 4

Various items of re-ordering were proposed. The Victorian Society objected to the extension and alteration of the porch to provide a disabled access toilet (a new entrance lobby to be created). A parishioner objected to the proposed cupboards for the south transept and the placing of an altar at the southern end of the St. Thomas's Chapel in the south transept. Neither the Victorian Society nor the parishioner became a party opponent. Faculty granted.

Re St. Michael Glentworth [2019] ECC Lin 8

The petitioners sought permission to install an automatic winding mechanism and automatic regulation in the tower clock of the Grade II* church. Following a risk assessment, manual winding had been suspended in the interests of safety until a safer option could be found. The author of the risk assessment felt that the winding could be made reasonably safe at a much cheaper cost than automatic winding. Two other parishioners felt that manual winding could be made safe, but the Parochial Church Council were unanimous about automatic winding. The Chancellor granted a faculty. He was satisfied that "The automatic winding mechanism is a reasonable response to the risks which have been identified, and it is for the PCC to decide what sums they wish to spend on meeting those risks ..."

Re St. Michael Grimsargh [2016] ECC Bla 1

The Deputy Chancellor granted a faculty for the introduction of a new single lancet stained glass window, to replace an existing plain glass window, in commemoration of the church's 300 years anniversary in 2016 and in memory of the son of the donors of the window, being satisfied that both the design and the memorial inscriptions were appropriate; that the new window would complement an existing modern stained glass window within the same north elevation of the church; and that it would not result in any harm to the significance of the Grade II church as a building of special architectural or historic interest.

Re St. Michael Heighington [2016] ECC Dur 3

The Vicar and Churchwardens sought authority to conduct a survey of, firstly, the area of churchyard added in 1926 and currently in use and, secondly, the older part of the churchyard, in order to ascertain by rodding where further burials could take place, including burials in the older part of the churchyard over existing graves. A neighbour, whose house windows looked out directly on to the older part of the churchyard, objected to its re-use and the possible disturbance of existing graves, stating that interments carried out near his windows would be distressing and affect his enjoyment of his property. He claimed that such re-use would amount to a nuisance and also blight his property. The Deputy Chancellor determined that the PCC were legally entitled to re-use old burial ground until such time as the churchyard was formally closed, and that such re-use would not amount in law to a nuisance. A faculty was granted.

Re St. Michael Hulme Walfield [2017] ECC Chr 1

The petitioners wished to reserve a grave in the churchyard of Hulme Walfield. They did not live in the parish. In Schedule 2 of the petition it was indicated that the incumbent and Churchwardens did not consent to the reservation. The Chancellor declined to grant a faculty on the basis that a burial of a non-parishioner could only take place with the consent of the incumbent, who should have regard to any general guidance given by the PCC (s 6(2) of the Church of England (Miscellaneous Provisions) Measure 1976). So to grant a faculty would be to subvert the purpose of Section 6(2) of the 1976 measure, since the reservation of a grave by faculty would override the minister’s power to give or withhold consent to the eventual burial of non-parishioners.

Re St. Michael Langtoft [2022] ECC Lin 1

The petition proposed the addition of three names said to have been omitted from the First World War Memorial in Langtoft. In his judgment, the Chancellor set out the criteria he would apply in this or any future similar application: (1) if the name was recorded on a war memorial elsewhere, the presumption would be that the family had chosen to have the name recorded in the other place; (2) if the name was not recorded elsewhere, the Chancellor would have to decide, on a balance of probabilimemties, if the omission was a mistake. In the present case, two of the names were recorded elsewhere. The third name was the same as one already on the war memorial, but alleged to be a different person. The Chancellor was not satisfied that the the third name related to a different person from the one whose name was already on the memorial. He therefore decided not to grant a faculty authorising any of the names to be added to the memorial.

Re St. Michael le Belfrey York [2023] ECC Yor 2

St. Michael le Belfrey York is a Grade I 16th century church standing next to York Minster. It is a Resource Church for York Diocese and the Northern Province. It has a weekly congregation of 500+ and has plans for further growth. The Faculty petition contained plans for a major reordering, estimated to cost £10m (of which £8m was already obtained or pledged). The work would involve major changes to the historic fabric, including (inter alia) removal of the gallery and stairs and replacement with a new gallery with lift access; replacement of pews with chairs; and the installation of a full immersion baptism pool. The Chancellor found there to be exceptional levels of public benefit to be derived from the works and compelling reasons to permit the works, notwithstanding the loss of historic fabric and fittings, in order to enable this vibrant and thriving church to meet its missional objectives.

Re St. Michael Lichfield [2017] ECC Lic 3

The petitioner applied for approval of a memorial in memory of her late husband. The proposed memorial was to be 6 feet wide and 4 feet 6 inches high on a 7 feet wide base, so that it would cover not only the head of the grave of the deceased, but also the head of the adjacent grave reserved for the petitioner. The headstone would take the form of two large interlocking heart shapes, each of which would be flanked by two smaller heart shapes. The stone would bear gold lettering and images of a horse's head and a riverbank scene, to reflect the life of the deceased, a leading member of the local traveller community. The Chancellor refused to grant a faculty for the memorial as proposed, because its size was considerably larger than the churchyards regulations would normally allow, and it would dominate the area of the churchyard where it would be erected. He permitted a smaller memorial in the style requested, provided that it did not exceed 4 feet 4 inches in height and 4 feet in width.

Re St. Michael Llanyblodwel [2019] ECC Lic 6

The Parochial Church Council sought a faculty for the installation of a frameless glass door into the porch opening. The Diocesan Advisory Committee did not support the proposal: the door would look too modern; a wooden or metal frame would be preferable. Historic England, the Victorian Society and the Ancient Monuments Society also objected. The Chancellor concluded that a frameless glass door would have an adverse aesthetic effect on the Grade I listed church. He according declined to approve a frameless glass door, but approved a wood-framed or metal-framed glass door of a design acceptable to the Diocesan Advisory Committee.

Re St. Michael Michaelchurch Escley [2014] Mark Ockelton Dep. Ch. (Hereford)

Refusal by the Deputy Chancellor to permit the tuning of eighteenth-century bells from the Rudhall foundry in Gloucester, on the basis that no sufficient case had been made. Chancellor: "Because it is irreversible, tuning of a complete old ring is a serious matter, not merely to be accepted ‘on the nod’ where a complete old ring is concerned. Where a good case is made, there may need to be a balance struck between the asserted needs of the present and the desirability of preserving the past.  But where no case is made at all, there can be no reason to destroy the heritage."