Winchester Consistory Court: Hill Dep Ch, October 2005
The petitioners sought a faculty for the installation of a stained glass window in memory of the late wife of a retired priest. The deputy chancellor reviewed the authorities and ruled that the 'exceptionality' test as set out in re St Margaret's Eartham [1981] 1 WLR 1129 was inappropriate for a stained glass window which was to be erected as a memorial. The issue, having identified the Bishopsgate questions was to decide whether the replacement of a sound window could properly be styled 'necessary'? Having reviewed various authorities concerning the plurality of approaches to the order in which the Bishopsgate questions be addressed, and considered the two reservations expressed by the CCC (who, otherwise had no objections to the introduction of the stained glass), the deputy chancellor considered that there were strong pastoral reasons why the window should be introduced. He ruled that the introduction of the window was reasonably necessary and requisite as a matter of pastoral well being and for the living out of the Christian gospel. He went on to say that, even if it was not strictly necessary in the more limited sense of the word, then applying the balancing exercise commended in Re St Gregory, Offchurch [2000] 1WLR 2471, a good case was made out as it would not adversely affect the appearance of the church nor its historic, architectural or artistic setting or integrity.
(2006) 8 Ecc LJ 494-495
