Following the submission of a petition for the disposal of seven pews which had been in storage for a number of years, and for the disposal of pew frontals, it became apparent that the pews had been removed from the Grade I listed church without authority. The pews had been introduced as part of a restoration of the church by G E Street between 1864 and 1866. After the absence of any authority for the pews’ earlier removal became apparent, the deputy chancellor directed that the petition be amended so that a confirmatory faculty was sought. The Diocesan Advisory Committee (DAC) issued a further notification of advice recommending approval of the pews’ removal and stating that the character of the church as a building of special architectural or historic interest would not be affected, subject to the pew frontals being retained pending proposals for a more general re-ordering. Historic England did not object to the removal or disposal of the pews. The Victorian Society stated that they were unable to comment on the removal of the pews in the absence of more detailed information but were against the removal of the frontals.

Applying the guidance in Re St Alkmund, Duffield [2013] Fam 158, the deputy chancellor held, notwithstanding the advice of the DAC, that, as the pews were likely to have been designed by Street and formed part of the ensemble of pews filling the nave, the removal of a substantial number of them would have affected the character of the church and resulted in minor harm to that character. As to justification, the petitioners’ statement of needs, in referring simply to the de-cluttering of the church, was purely subjective and did not provide clear and convincing justification. But the site visit report of the DAC did, by providing information about the uses to which the cleared areas were now put, including a young children's area, a display and welcome area and an extension of the dais. The minor harm that resulted from the removal of the pews was outweighed by those uses of the cleared areas. A confirmatory faculty was granted for the removal of the pews, and their disposal was authorised. The deputy chancellor expressly did not take into account the practical difficulties that would have been encountered in restoring the pews. Four pew frontals were to be returned to the church. [Alexander McGregor]