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Re St Luke, Middlestown

Leeds Consistory Court: Hill Ch, 5 February 2018 [2018] ECC Lee 1 Pews and chairs – DAC advice

Published online by Cambridge University Press:  23 August 2018

Ruth Arlow*
Affiliation:
Chancellor of the Dioceses of Norwich and Salisbury
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2018 

The churchwarden and priest-in-charge of this unlisted church built in 1974 sought a faculty for the removal of the pews and their replacement with timber-framed upholstered chairs. The Diocesan Advisory Committee (DAC) did not recommend the proposal, stating that the chairs were heavy and difficult to stack and that the dark upholstery would be detrimental to the light levels and appearance of the church. The Church Buildings Council did not wish to comment on the proposals as the church is unlisted. On a site visit the chancellor noted that the same chair had been introduced into a neighbouring church and it had worn well and was easy to stack and unstack. He observed the light levels within the church and queried whether the DAC's view might have been different if a site visit had taken place. The chancellor observed that considerable weight should be afforded to the expertise and experience of the DAC in the exercise of its statutory duty, but that the chancellor could not fetter his discretion by routinely rubber-stamping DAC advice. The chancellor was independent of the diocese and must take account of all relevant material and all applicable law. The faculty was granted. [RA]