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Ecclesiastical Case Reports
Re St James, Stalmine
(Blackburn Consistory Court: Bullimore Ch, June 2000)
Extension - planning considerations
In the course of determining a petition concerning a two-storey extension of the church on part of a disused burial ground (the facts of which are immaterial), the chancellor noted that issues had been raised about car parking, increased use, traffic flows, privacy of neighbours and the like. He was satisfied that these were all matters which the planning authority had to consider. It had done so and was apparently satisfied. He stated:
'I think there are considerable difficulties in bringing concerns to the church court which have to be, and in fact have been, addressed by the local planning authority. Car parking, access, traffic flows, the effect of proposals on a view and privacy issues are all matters the local authority considers. I think the proper approach to those points is to say that if they can be raised with the local planning authority, and permission is nonetheless granted, then they cannot be raised again in the consistory court. In that way I follow Re St Peter and St Paul, Upper Teddington [1993] 1 WLR 853, London Cons Ct, and more clearly Re St Mary's Kings Worthy (1998) 5 Ecc LJ 155, Winchester Cons Ct. In those cases the chancellor took a similar view.'
[MH]
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