The petitioners sought a confirmatory faculty for the retention of a large, occasionally illuminated cross hanging from the church tower. It had been installed two years previously under an archdeacon's licence, although the court questioned whether it could correctly be characterised as ‘temporary’, ‘minor’ or ‘re-ordering’. While it was unusual, there was no reason not to grant the faculty sought.

The court went on to consider whether the cross required either planning permission or consent under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. The cross did constitute an advertisement under the Regulations. The Regulations deem consent to be granted for advertisements in various categories, including those relating to any institution of a religious character, at the premises where it is displayed. However, this deemed consent is subject to a condition that no part of the advertisement may be more than 4.6 metres above the ground (which excluded the present case). Advertisement consent would therefore be required, additional to the requirement for a faculty, to authorise the retention of the cross. Planning permission would also be required but is deemed to be granted where an advertisement is in accordance with the Regulations.

A faculty was granted for a renewable period of five years (in line with the duration of advertising consent), subject to conditions as to the frequency of illumination, maintenance and the restoration of the tower following removal. [DW]