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Ecclesiastical Case Reports

In re St Mary and All Saints, Trentham


Lichfield Consistory Court: Shand Ch, July 2004)

Unauthorised works – confirmatory faculty


In June 2003 the incumbent caused the font to be removed from its original position to the east end of the north aisle and had an area under the gallery and over to the original area of the font carpeted, covering important Minton tiles. No faculty had been sought. In the past ten years five faculties had been granted to the church. Indeed, in 1999 the moving of the font had been canvassed as part of a scheme to re-order the church. That petition was dismissed in January 2003 due to the lack of progress and the incumbent’s ‘ill-concealed impatience with any opposition to his scheme, no matter how constructive’. The incumbent apologised for his unlawful behaviour acting in knowing disobedience of his oath of canonical obedience. The chancellor concluded, absent any excuse, that the incumbent had felt frustrated at being thwarted and had no taste for the opposition and need for constructive dialogue that he would have to face if he had filed a petition. The chancellor concluded that making a restoration order, although justified, would be too simplistic an approach and, subject to certain conditions (and bearing in mind the lack of opposition for the scheme from the Area Bishop, the DAC and English Heritage) granted a confirmatory faculty on a time limited basis. The Petitioners were ordered to pay the costs.

[JG]

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