The petitioners sought a faculty for extensive re-ordering works to this mid-nineteenth-century, Grade II listed church, including the removal and disposal of the nave pews and the introduction of upholstered seating. The Diocesan Advisory Committee, to whom the Church Buildings Council (CBC) deferred, recommended the proposals and Historic England did not object. The principal objection was that of the Victorian Society to the seating proposals. The court considered that, of all the proposals, only the removal of the pews would result in any harm to the significance of the church as a building of special architectural and historic interest. Removal of the pews, which were contemporaneous with the building, would largely sever the link between building and fittings, although the pews themselves were not significant in their craftmanship or decoration. The harm caused by their removal would be moderate.
The court considered the CBC's Guidance Note on Seating and cases in which it has been addressed, most recently Re All Saints, West Burnley [2017] ECC Bla 6. The Guidance Note, adopted by the Victorian Society, suggests that generally only un-upholstered furniture should be introduced into listed churches. This is, however, merely guidance; it cannot trump the views and wishes of petitioners, which must be evaluated in each case. In the present case, the chosen chairs were well suited for use for conferences and in the café area; the benefit to be gained from comfortable seating outweighed the small aesthetic advantage that might come from un-upholstered furniture. The court's task was to consider whether a convincing case had been made out for what was proposed, rather than to consider alternatives put forward by amenity societies or any other objector. In the present case, the public benefit resulting from the proposals as put forward would greatly outweigh the harm caused to the significance of the building. Accordingly, a faculty was granted for the proposed scheme in its entirety. [DW]