Does the grant of a faculty authorising works to a church building or its surrounding property render immunity from an action for nuisance? The issue has arisen again in relation to two objections to a recent faculty petition.

In Re St James, Southlake [2025] ECC Oxf 1, the vicar and one of the churchwardens petitioned for a faculty to fence grassed areas bordering the church in order to provide a safer outdoor space for children’s church activities and for community groups using the open space [2]. The accompanying statement of needs explained that the major need was for increased safety for children using the church grounds, who often went out into the grounds with parental supervision after church, sometimes to play ball games. With totally open grounds, there was an increased risk of children going after balls into adjacent gardens or the road, and during events such as barbecues it could be “challenging” for parents of small children to keep a constant eye on them. Continue reading →