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Re Holy Trinity, Sittingbourne

Canterbury Commissary Court: Gasztowicz Dep Com Gen, 7 February 2018 [2018] ECC Can 1 Removal of pews – Victorian church – harm

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 incumbent and churchwardens sought a faculty permitting the levelling of the floor and removal of all of the pews from the nave of this Grade II listed Victorian church. The pews were to be replaced with metal-framed upholstered stacking chairs. The Victorian Society raised objections, as did a local historian, although neither chose to become a party opponent. The nave pews were original to the church at the time of its construction in 1869, with much of the original Victorian numbering still evident. The court held that the removal of the pews would cause considerable harm to the significance of the building. Though simple, the pews were original Victorian pews in an original Victorian church and therefore of considerable significance to the church as a building of special historical interest. This was not a case where the removal of Victorian fittings from, for example, a medieval church was proposed. It had not been shown that the bulk of the needs identified by the petitioners could not be met by a reduced scheme which retained at least some of the pews, albeit possibly relocated. The proposed change would not be reversible and the proposed replacement chairs were not likely to be appropriate in the church. The petition was dismissed. [RA]