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Re St Peter and St Paul, Aston Rowant

Oxford Consistory Court: Hodge Ch, 12 August 2019 [2019] ECC Oxf 3 Confirmatory faculty – chairs – limited period

Published online by Cambridge University Press:  07 May 2020

David Willink*
Affiliation:
Deputy Chancellor of the Dioceses of Salisbury and St Albans
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2020

A re-ordering of the Grade II* listed church had taken place under faculty in 2011–2012, with the furniture to be approved by the Diocesan Advisory Committee (DAC). The committee was asked for, and gave, approval for the use of a particular metal-framed chair with oak seat and back. However, the churchwardens had procured and installed chairs with black metal frames and red upholstered seats, for which a faculty was sought retrospectively. The unanimous view of the DAC and the amenity societies was that the chairs were unsuitable in terms of colour, design and materials. The position was exacerbated by the haphazard storage arrangements for the chairs.

The court noted that the chairs harmed the significance of the church as a building of special architectural and historic interest. As the chairs were portable and replaceable, the degree of harm was low; but as the same benefits could be provided by chairs more suited to the church's history and character, no clear justification for their retention had been made out. The court adopted the suggestion of the DAC, with the approval of the amenity societies, that a faculty should be granted for the retention of the chairs for a period of five years only, while funds for replacements were raised. Within that time a further faculty should be sought for the introduction of suitable replacements. In the meantime, the parish was required, within three months, to produce a plan for the suitable storage of the existing chairs when not in use. [DW]