Re St Mary, Stalbridge [2024] ECC Sal 1 & 2

Extract

Before the July 2022 amendment to the Faculty Jurisdiction Rules which removed a like-for-like replacement of an oil-fired boiler from List B, the PCC resolved on such a replacement for their church's defunct boiler. However, before the work was undertaken, the Rules were amended to require a faculty for such a replacement, and to require the Diocesan Advisory Committee to advise the court on whether the petitioners’ explanation of how they have had due regard to the Church Buildings Council's net zero guidance was adequate. While the petitioners had taken some steps to justify the decision they had taken by reference to the net-zero guidance, the DAC's pre-petition advice was that the petitioners’ explanation was not adequate, and the grant of a faculty was not recommended. Nevertheless, the petitioners issued the petition; but before the petition could be considered, and in the knowledge that such a course was unlawful, the petitioners procured the installation of the new boiler.