The petitioners sought permission for the disposal of various redundant or dilapidated items of church property, including certain items of wooden furniture and eleven standard flags. The chancellor observed that the Court of Arches has stated, in its decision in Re St Lawrence, Oakley with Wootton St Lawrence [2014] WLR (D) 176, that it should be borne in mind by chancellors in disposal cases that faculties should seldom be granted without a hearing in open court, whether or not the petition is formally opposed. Nevertheless, the chancellor was satisfied that a hearing in open court was neither necessary nor expedient in this case for the following reasons: the items in question were of negligible value and did not constitute ‘church treasures’; the reference to ‘disposal cases’ in the Oakley with Wootton St Lawrence decision should be read in its wider context as applying only to church treasures, properly so described; no letters of objection had been received; the petition was actively supported by the Diocesan Advisory Committee (DAC) and Church Buildings Council (CBC); the modest and uncontroversial nature of the petition meant that the convening of a public hearing would be disproportionate in time and expense. The chancellor held that in most cases it will be clear whether a particular item for disposal is a church treasure, but that where it is not obvious the court should lean towards categorising an object as a church treasure while being guided by expert opinion, including that of the DAC and CBC. The faculty was granted. [RA]
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