Ecclesiastical Law Association

Ecclesiastical Law Association

Re Emmanuel Church Bentley [2005] Court of Arches

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There had been a faculty application to authorise the installation of telecommunications equipment at the church and the completion of a licence agreement between the Parochial Church Council and the telecommunications operator. The Chancellor had refused to grant a faculty. The petitioners appealed. The appeal was allowed and the court directed that a faculty should issue. The court found that the Chancellor had unnecessarily given weight to the church's primary responsibility being mission, an argument which had not been put forward by the objectors, and had not given sufficient weight to the evidence in favour of the proposals, particularly that the Government had issued guidelines to planning authorities that planning consent should not be refused for telecommunications equipment on the grounds of arguments as to danger to human health, if installations complied with international guidelines.  

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