The vicar and churchwardens sought a faculty to install solar panels on the south-facing aspect of the church roof. The church was built in 1940 and although unlisted is a notable example of the Arts and Crafts movement and one of only two churches designed by W Curtis Green. The parochial church council, supported by the parish council and the diocesan environmental officer, wished to install the panels because the very high, pitched roofs of the church made heating the building costly and environmentally challenging. They argued that the visual impact of the installation would be on the southern side, which was only visible from the vicarage and therefore did not affect the more striking views from the north and east. The Diocesan Advisory Committee (DAC) did not recommend the works and English Heritage also made written objections on the basis that solar panels would be detrimental both to the appearance and structure of the church and to its integrity as an Arts and Crafts building. They argued that although the building was not listed it was nonetheless of such significance that it should be treated as if it was, particularly as listing had been considered in 1981. While accepting the DAC's decision, of which he was a part, the archdeacon's written submissions drew attention to the need to resolve the challenges of heating the church.
It was held that despite its architectural significance the church was not in fact listed, so the tests laid down in Re St Alkmund, Duffield [2013] Fam 158 did not apply. While the panels would affect the church's appearance, the changes would be minimally visible on the south side of the building and so were not significant alterations. The integrity of the building had already been affected by additions of a church hall and a meeting room, for which the public benefit outweighed the alteration to the original 1940 appearance and design. Accordingly, the undoubted benefits in terms of environmental and financial sustainability outweighed the relatively minimal harm that would be caused by installing the panels and a faculty was granted. [Catherine Shelley]