Ms M Forstater v CGD Europe & ors

The petitioners sought a faculty for the addition of a porch over the west door of this unlisted Victorian church. They had rejected the suggestions of the Ancient Monuments Society and the Victorian Society for an internal storm porch, as impractical; and for a grander design, on the grounds of cost. Other suggestions had been incorporated into the design. The court considered the matters in accordance with the approach set out in re Maidstone, St Luke [1995] Fam 1, Court of Arches: ‘. . . not simply to concentrate upon the effect of proposed works upon the fabric or appearance of the church in isolation, but to consider the proposals in the context of and taking full account of the role of the church as a local centre of worship andmission’. While the church was a fine building of architectural interest, it was not to be treated as if it were listed and therefore subject to the enhancedDuffield considerations. Instead, the correct approach was to consider the impact of the works on the appearance and significance of the church, and determine whether the benefit resulting from the change was of sufficient substance to outweigh that impact. The court was satisfied that the impact on the appearance and significance of the church by the addition of the porch would be minimal. Further, the benefits to the mission of the church in a growing, recovering and increasingly engaged community were important. The heat loss improvements also strongly supported the church’s commitment to the environment. These combined benefits were of sufficient substance to outweigh any negative impact that there might be on the appearance and significance of the church. A faculty would issue. [Naomi Gyane]