The drain from the kitchen and WC facilities in this Grade I-listed church had failed, and needed to be replaced. The petition sought a faculty for a trench arch drain – a 12 metre-long, sloping, underground chamber, allowing waste foul water to run underground and to seep away into the earth. The addition of a macerator at the beginning of the trench was also proposed. The work would not disturb any marked graves, although the disturbance of unmarked remains was anticipated, both in its construction and in its operation.

The court agreed with the PCC's assessment that the alternatives of a mains connection, cess pit or septic tank were unaffordable or more potentially damaging. Applying the Duffield framework, the only potential harm was to the archaeological significance of the church through the construction and operation of the trench arch drain. This would be ameliorated by an archaeological watching brief, and was in any event outweighed by the need to deal with the waste from the church's necessary facilities. A faculty would issue, subject to necessary consents including from the Environment Agency. [DW]