Ratio Decidendi
When considering a faculty application, the consistory court must weigh the effect of proposed works on the church's significance as a building of special architectural and historic interest against the necessity of the works for mission and worship.
Fakty
The PCC of St Alkmund's sought a faculty for substantial reordering works, including installing underfloor heating and a new floor. Historic England objected that the works would harm the special interest of the Grade I listed building.
Podsumowanie orzeczenia
The Dean of the Arches set out guidance for faculty cases involving listed churches. The court must identify the significance of the building, assess the impact of the proposals on that significance, and weigh the impact against the benefits for worship and mission. The burden on the petitioners increases with the level of impact.
Kluczowe cytaty
"The more serious the impact on the significance of the church, the greater the weight that must be accorded to the heritage interest and the more substantial the benefit or necessity for mission that will be required before the proposals can be permitted."
— Charles George QC (Dean of the Arches)
Późniejsze zastosowanie
The 'Duffield Guidelines' are now the standard framework for faculty applications affecting listed churches.