Re: St. Peter's, Littleover (Derby Consistory Court; Bullimore Ch. 6 May 1987)
In granting a faculty for the extensive re-ordering of the interior of a parish church, the Chancellor made the following observations:
(i) Although some 40 individuals wrote to the Registrar letters of objection, only one observed the requirement in the Rules for an initial notice of objection to be followed by detailed written objections, both of which documents should also have been served on the petitioners. The parties opponent were not however, to be criticised for that, because no explanation of the procedure was set out on the general citation. It was time the procedure, or at least the form, was changed to tell people what was required.*
(ii) The Court was assisted by the presentation and use of written proofs of evidence.
(iii) It was for the Parochial Church Council to decide how to raise money for the project. The Chancellor ought only to allow financial considerations to weigh if the Council had not taken proper thought to raising the money
and wanted to embark on schemes which reasonable people recognised they could not carry through for lack of funds.
(iv) In a case of this nature it was reasonable for the petitioners to be called upon to justify their proposals at a public hearing; they should therefore pay the court costs.
* See nowFaculty Jurisdiction (Amendment) Rules 1987.
(1988) 1:3 Ecc LJ 31