Ripon and Leeds Consistory Court: Grenfell Ch, May 2003
Two petitions each sought a faculty for the installation of a mobile telephone antenna in the tower of a church. The petitions had 58 and 49 objectors respectively. The chancellor heard expert evidence about the risk from such antennae to human health. In considering the objections to the petitions the chancellor concluded that any stress or anxiety felt about a risk to health was attributable to the perception of risk rather than the level of radio waves caused by the antennae. Dissenting from the dictum of Chancellor Gage in Re All Saints, Harborough Magna [1992] 4 All ER 948, the chancellor indicated that he could see no objection to a church receiving financial support by taking rent for a commercial undertaking that is consistent with its role as a local centre of worship and mission. In granting the faculties the chancellor stated the following:
(i) that parishes bringing similar petitions within the diocese would not need to provide cogent and compelling evidence that there is no risk to health so long as the proposed levels of radio waves are within the International Commission on Non-Ionizing Radiation Protection Guidelines as recommended by the Government; and
(ii) that an objection to such a petition on the ground that a telecommunications installation is not an appropriate use for a church is unlikely to succeed; and
(iii) that a telecommunications company should be prepared to accept conditions requiring the monitoring of levels and limiting, in so far as is practicable, the inappropriate use of the telecommunications.
(2004) 7 Ecc LJ 364
