Birmingham Consistory Court: Aglionby Ch, June 1998
A major re-ordering was proposed to a grade II* listed building. It had the approval of the DAC and the support of the CCC. The Victorian Society lodged an objection. The Ancient Monuments Society, whilst making certain observations, did not maintain a formal objection. English Heritage gave qualified approval although the inspector concerned was criticised during the hearing by the representative of the Victorian Society as having 'a reputation for eccentric decisions'. Planning permission was granted by Birmingham City Council. The church was distinguished architecturally with some fine furnishings and included within its curtilage a clergy house in the style of the Arts and Crafts movement. Industrial and economic decline had led to a dispersal of the community leaving the area less populous and largely Muslim. A Way Forward strategy had been implemented merging neighbouring parishes and declaring certain church buildings redundant. The Bishop of Birmingham was of the opinion that to maintain the church building in its present state was not a viable option. The re-ordering of All Saints and the clergy house and the construction of a new vicarage were integral parts of an interlocking package embracing collaborative ventures with local youth, educational, health care and other community projects. An entrance lobby, meeting rooms, offices, a kitchen and cafe would be created, together with residential units for commercial letting. Applying the 'Bishopsgate Questions' the chancellor concluded that the construction of a new east entrance, re-orientation of worship to the west end and the erection of a screen dividing the chancel from the nave were necessary for the pastoral well-being of the church. He further found that they would adversely affect the character of the building. Mindful of the integrated nature of the overall scheme, the chancellor concluded that if it could be implemented there would be a realistic future for the parish and the church as an Anglican place of worship containing within its walls all the furnishings that make it so memorable a building. Without it. the future was bleak. Accordingly a faculty was granted. The chancellor found it regrettable that the Victorian Society had felt it right to contest the petition to a full hearing. It should have reassessed its stance once the expert's statements had been disclosed and planning permission given. 'The application of realism and commonsense should have indicated that continuing opposition would not succeed. The three day hearing could and should have been avoided.' The Victorian Society was ordered to pay the court costs of the second and third days of the hearing and for the day when judgment was delivered, together with the costs incurred by the petitioners' experts for the three days of the hearing. The petitioners were not professionally represented.
(1999) 5 Ecc LJ 211-212
