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所有案例
Ecclesiastical Law
Court of Arches
2013

Re St Alkmund, Duffield

[2013] Fam 158

判决理由

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.

事实

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.

判决摘要

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.

关键引述

"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)

后续处理

Followed

The 'Duffield Guidelines' are now the standard framework for faculty applications affecting listed churches.

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