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Re St Stephen, Burnley

Blackburn Consistory Court: Bullimore Ch, August 2007 Telecommunications – procedure – public notice

Published online by Cambridge University Press:  03 December 2007

Justin Gau
Affiliation:
Barrister, Deputy Chancellor of the Diocese of Lincoln
Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Diocese of Chichester
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2008

Certain parishioners applied to set aside a faculty for the installation of telecommunications equipment in the church tower, on the basis that there had been a failure to display the public notice ‘outside [the] church or in some other prominent position … so that it [was] readily visible to the public’, in accordance with rule 6(4)(b)(ii) of the Faculty Jurisdiction Rules 2000. The chancellor found a breach of rule 6(4)(b)(ii), in that no public notice had been exhibited outside the church, there being no external notice board and previous experience and the location of the church having caused fears that a notice affixed to the door would have been torn down within hours. The chancellor set aside the faculty on the basis that the breach was a serious failure to comply with the Rules, holding that a public meeting to address the parishioners' concerns held by the petitioners subsequent to the grant of the faculty could not remedy the deficiencies in the public notice procedure. [RA]