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Alphabetical Index of all judgments on this web site as at 20 January 2022

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The Vicar and Churchwardens and NET Coverage Solutions Ltd. applied for a faculty to authorise the installation of telecommunications equipment at the church. There were various notices of objection, but only one objector became a party opponent. Shortly before the planned hearing date, the petitioners withdrew their petition. The party opponent claimed costs aginst the petitioners on the grounds that the petitioners had acted unreasonably. The Chancellor determined that the petitioners had, to a certain extent, acted unreasonably in the matter. He directed that the party opponent's costs be reduced by 10% and that half the reduced amount of costs should be paid by the petitioners.

The petitioner, a churchwarden, sought a confirmatory faculty for  the installation on the church tower of radio internet repeater equipment to provide internet access within the Church without the need for the installation of a telephone line. A neighbour had initially been concerned about the impact of the equipment on the health of himself and his family and he also raised concerns about safe access for maintenance of the equipment.  However, the Chancellor was satisfied that the neighbour's concerns had been largely assuaged and that the impact of the installed equipment upon the historical significance of the listed Church building would be negligible. He therefore granted a confirmatory faculty.

In 2002 a faculty was granted for the installation of telecoms equipment in the church tower. A document entitled "Lease of Rights" was entered into by the then incumbent and the PCC and O2 (UK) Limited, but it was not authorised by the faculty. In 2013 the telecoms company wished to make changes to the equipment. Some work was done without faculty, but then an application was made in 2016 for a confirmatory faculty to approve the additional works. It was not clear to the Chancellor till much later that some of the work had not yet been done. The Chancellor was concerned about the lack of proper representation, the proposed draft lease/licence, and that before the proceedings were concluded the telecoms company decided to withdraw from the site, so that the Chancellor had to approve terms for the decommissioning of the equipment.