The vicar and churchwardens appealed a refusal of a faculty to allow them to re-orient the services within the church to face to the south from the east.
Held: The Chancellor’s powers under the 1961 Measure had not been not reduced by the 1991 Measure. The newer measure controlled those bodied with care and conservation of the churches, and there existed a strong presumption against any change which would damage such characteristics, and therefore a requirement for strong evidence to show the need for any such change. A compelling reason might include the pastoral wellbeing of the church. Irreversible changes were to be avoided if possible. The appeal was allowed.
Judges:
Sir John Owen, Dean of Arches, Judge Michael Chancellor, Cameron QC (Chancellor)
Citations:
Times 07-Oct-1994, [1995] 1 All ER 321, [1994] 3 WLR 1165
Statutes:
Care Of Churches And Ecclesiastical Jurisdiction Measure 1991 1, Ecclesiastical Jurisdiction Measure 1963
Jurisdiction:
England and Wales
Citing:
Cited – In Re St Anne’s Church, Wrenthorpe ConC 12-Oct-1993
The disposal of gifts to the church was to be at the discretion of the Conistory Court; The vicar and wardens of the church had title to such property. . .
Cited – In Re St Barnabas’ Church Dulwich ConC 14-Dec-1993
(Southwark Consistory Court) The church had been badly damaged by fire, and a faculty was sought for its demolition and closure.
Held: The measure required such a decision to take account of local worship needs. Under s17, the court must allow . .
Lists of cited by and citing cases may be incomplete.
Ecclesiastical
Updated: 20 May 2022; Ref: scu.89473
