St Albans Consistory Court: Bursell Ch, November 2000
St Peter, Great Berkhamstead is a Grade II* listed building. The rector and churchwardens requested permission to dispose of six Victorian pews, one Victorian pew front and one 1950s choir stall. The DAC recommended the proposed works. English Heritage was consulted and identified the pews and pew front as being the work of Butterfield. English Heritage and the Victorian Society were specially cited. Both parties identified the importance of the pews and pew front, stating they should be restored and not disposed of. The petitioners stated that the 1950s restoration of the church changed Butterfield's arrangement. The Inspector of Historic Buildings for English Heritage stated that the pews had 'intrinsic value' and, as they were not impeding the pastoral work of the church, should be kept. The chancellor ruled that the pews and pew rail had historic interest. He considered Re St Gregory, Offchurch [2000] 4 All ER 378 and Re St Luke the Evangelist, Maidstone [1995] Fam 1, [1995] 1 All ER 321, identifying the need for the petitioners to prove a necessity for the disposal of the pews. In this case the petitioners only identified that the pews were 'gathering dust'. The petitioners failed to meet the burden placed on them and the petition was refused save in relation to the modern choir stall.
(2001) 6 Ecc LJ 165
