The petitioner sought a faculty for the introduction of a modern stained glass window into this Grade II* listed church, as a gift from a now-deceased parishioner. The donor and his family had identified the artist, the theme (‘the tree of life’) and the location (the east window above the Lady Chapel altar, currently retaining its mediaeval plain glass). An illustration of the proposed window was annexed to the judgment.
The proposal had seriously divided the Parochial Church Council (PCC). The Diocesan Advisory Committee (DAC) had concerns about the style and content of the image, and objectors were additionally concerned about the location of the proposed window. The court reviewed case law and identified that it emphasised:
i. The reluctance of consistory courts to get drawn into disputes about the fine detail of the design of stained glass windows;
ii. The importance of giving due consideration to the views of the PCC and of the DAC and other consultative bodies; and
iii. The importance of the appearance of the proposed window in itself, and its effect on the appearance and significance of the church as a whole. It also referred to the Church Buildings Council guidance note ‘New glass for your church’.
Applying the Duffield questions, the court concluded (contrary to the views of the DAC) that the proposal would do moderate harm to the significance of the church; that the present plain glass was an asset; and that the installation of the proposed window, lacking in overt Christian imagery, over an altar would seem inappropriate. While acknowledging the pastoral concerns raised by appearing to decline a gift to the church, the court determined that this did not constitute a clear and convincing justification for carrying out the proposal. The introduction of the window would be divisive and bring no benefit to the church or the community. Even if the proposal had not been found to do such harm, the court would have found that the presumption against change had not been overcome. The petition was refused. [DW]
