Re St Thomas the Apostle, Killinghall

Abstract

The petitioners sought a faculty for the disposal by sale of two damp-affected paintings. The DAC recommended the proposal. The court, out of an abundance of caution, directed consultation with the CBC pursuant to rule 9.6 of the Faculty Jurisdiction Rules 2015 (under which consultation with the CBC is mandatory on a petition for the conservation, alteration or disposal of an article of special historic, architectural, archaeological or artistic interest). The CBC preferred to see the conservation and retention of the paintings, there being a strong presumption against the sale of church treasures. The petitioners described the CBC's position as unrealistic, and the DAC noted that the paintings were of limited significance; they would continue to deteriorate if kept in the church; and the petitioners had neither the funds nor the inclination to seek them to fund their restoration.