Ecclesiastical

Listed church building - millennium window to replace victorian window - presumption against change rebuttedIn re St Gregory, Offchurch: Coventry Const Ct (Gage Ch):17 June 2000

The petitioners, two members of the parochial church council, sought on behalf of a majority of the residents of their village a faculty to replace a Victorian window in the church, which was a Grade II* listed building, with a stained glass window made by a local artist to mark the millennium.

The petition was opposed by certain residents of the village.

The petitioners in person.

The parties opponent in person.

Held, granting the faculty, that the strong presumption against change which would adversely affect a listed church's character as a building of special architectural or historic interest applied whether or not the alterations proposed were radical; that if a proposal for a millennium window did not adversely affect that character the presumption against change might more readily be rebutted, but if it did the petitioners had to show a necessity for change; that in considering whether such necessity had been proved different considerations would apply where a window was involved than in cases involving reordering or more radical alterations, although each had to be dealt with on its own facts; that the proposal would not adversely affect the church's character as a building of special architectural or historic interest, since the window to be replaced had no specific Christian motive and although one of three of a similar type was different from other windows in the church, and the presumption against change had been rebutted since the new window was a suitable symbol with which to mark the Millennium and added a Christian dimension for the 21st century; but that the faculty would be subject to the condition that the glass taken from the existing window should be preserved.

(WLR)