|
|
|
Ecclesiastical Case Reports
Re All Saints, Crondall
(Guildford Consistory Court: Goodman Dep Ch, April 2002)
Millennium window - Bishopsgate questions - necessity
The vicar and churchwardens sought to replace two plain glass windows in this Grade I listed building with stained glass of a contemporary design to mark the new millennium. The faculty was supported by the DAC. English Heritage had no objection but the CCC objected to the installation of a contemporary style of glass in an historic building and to the use of snippets of biblical texts in one window and some of the symbols used in the other. Technically, they doubted the suitability and durability of the glass and its construction within the window. The deputy chancellor dismissed these objections after lengthy evidence from a variety of expert witnesses called by both sides. In addressing the Bishopsgate questions the deputy chancellor followed the approach in Re St Gregory's, Offchurch [2000] 4 All ER 378, [2000] 1 WLR 2471, 6 Ecc LJ 82, Coventry Cons Ct, by first asking whether or not the proposed change would adversely affect the character of this ancient church. This approach differed from the original approach in Re St Helen's Bishopsgate 1993 (unreported) affirmed by the Court of Arches in Re St Luke the Evangelist, Maidstone [1995] Fam 1, [1995] 1 All ER 321, which first asks whether the proposed change is necessary, it being difficult to prove 'necessity' in the case of a stained glass window. The deputy chancellor concluded that the proposed windows (installation of which being, in any case, reversible) 'would not adversely affect [the church's] character but would make a fresh and acceptable contribution to the ongoing history of the building'. The petitioners had rebutted the presumption against change and a faculty was granted.
[WA]
|
Search the Case Reports & Journals (issues 1 to 39) |
|
|
