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Re St Mary, Atherstone

Coventry Consistory Court: Gage Ch, November 2008 Re-ordering – conservation – heating – funding

Published online by Cambridge University Press:  06 August 2009

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
Will Adam
Affiliation:
Rector of Girton, Ely Diocesan Ecumenical Officer
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2009

The heating system of this Grade II* listed building had failed, rendering it impossible to hold services during winter months. The petitioners sought a faculty for the installation of a new system, along with other conservation works, major interior works and the installation of a wheelchair lift, kitchen and lavatory. The project would cost in the region of £3 million and would enable the division of the interior of the building to provide a number of component rooms for use by community organisations. The church is of considerable historic interest and, while there were no formal objections, English Heritage, the Victorian Society and the Church Building Council had all expressed reservations during the consultation process. The chancellor found that the petitioners had discharged the burden of showing that the works were necessary and that the necessity outweighed the adverse effect on the building. However, the archdeacon raised concerns about the cost of the scheme and the difficulty of raising sufficient funds. The chancellor ruled that, prior to the works commencing, the petitioners should provide the court, via the registrar, with a certificate with evidence from a quantity surveyor as to the cost of the scheme and evidence that adequate funding was in place at the time. [WA]