The petition concerned the release of rights of light enjoyed by the church to the extent needed to permit a housing development. The proposed housing was designed to wrap around the south and east sides of the church with comparatively modest effect on the natural light available to the church. £20,000 was to be paid for the release, the terms of which had been negotiated at arm's length, with independent advice. A deed of release had been drafted between the housing company and ‘the church’, defined as Southwark DBF and the South London Church Fund. The issue that arose was whether the contract was in the appropriate form and between the correct parties.

The correct legal issue was identified as whether it was possible to allow the interference with an easement of light to the church in return for compensation. The freehold lies with the incumbent but is limited, as the incumbent cannot alienate land or any interest in it without an Act of Parliament or Measure of Synod. The Mission and Pastoral Measure 2011 and section 9 of the Church Property (Miscellaneous Provisions) Act 1960 were also considered but did not provide the incumbent with any greater powers to grant or release an easement. The alternative was a faculty permitting the incumbent to grant a licence. Accordingly a faculty was issued authorising the grant of an indefinite licence permitting the reduction of light to the building, as if waiving rights under the easement for light. [Catherine Shelley]