|
|
|
Ecclesiastical Case Reports
Re Bentley Emmanuel
(Lichfield Consistory Court: Shand Ch, January 2005)
Telecommunication aerial - health and safety - pastoral concerns
The Churchwardens (the parish being in vacancy) and QS4 Ltd (the Archbishops' Council's sole approved installers of telecommunication aerials on churches) petitioned for a faculty to place an aerial on the tower of the church. Whilst the church was unlisted the petitioners still had to make a case for the granting of a faculty. The PCC unanimously approved the scheme and the DAC had also approved. Over 180 local residents signed letters of objection and a formal objection was lodged by the headteacher and chair of governors of a nearby primary school.The chancellor found that the contractors had made out a case for commercial need. The PCC also made out a case for need based on the financial returns that the installation would afford. There had been considerable discussion of the aesthetics of the scheme and the petitioners and the DAC had agreed an aesthetically acceptable plan. The primary focus of the objectors' case was on potential health and safety risks. The Chancellor sympathised with the concern of the objectors and of parents of children in the nearby school. However, he found himself obliged to give judgment on the balance of probabilities and, having reviewed guidelines on the issue would, all else being equal, have granted a faculty. However, in having regard to the role of the parish church as a local centre of worship and mission (Care of Churches and Ecclesiastical Jurisdiction Measure 1991 s 1), the Chancellor found that the siting of an aerial on this particular church in the face of very strong local opposition could cause significant pastoral difficulties. The application was dismissed on the facts of the case but the chancellor stressed that subsequent petitions for aerials would be considered on their merits.
[WA]
|
Search the Case Reports & Journals (issues 1 to 39) |
|
|
