Source: All England Reporter
Publisher Citation: [2005] All ER (D) 65 (Dec)
Court: Arches Court of Canterbury
Judge:

Dean Sheila Cameron QC, Chancellor Rupert Bursell QC and Chancellor Timothy Briden

Judgment Dates: 22 November 2005

Catchwords

Ecclesiastical law - Church - Faculty for use of church for secular purposes - Installation of mobile telephone aerials on church tower - Whether faculty should be granted.

The Case

When considering the question of unjustified public concern it would not be appropriate to incorporate a concept of 'material consideration' into the deliberations of the Consistory Court since that terminology had a special function in planning law and the two jurisdictions should not become confused. The wide-ranging role of the Consistory Court enabled a chancellor to take acco8nt of concerns expressed by objectors.

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