The case goes to Ecclesiastical Court
We are now fighting the Vodafone petition to be granted “a faculty” (listed buildings consent under the Church Ecclesiastical Exemption planning system). These are legal proceedings under the Consistory Court of the Diocese, control exercised by His Honour Judge Grenfell Chancellor of the Diocese of Ripon and Leeds.
The Ecclesiastical Court “faculty” system.
The Directions Hearing was quite informal, being held in Sharrow Church, Ripon, on Saturday 14th December 02
At this hearing we declined Vodafone’s suggestion of using an expert from the N.R.P.B. We instead named Dr. Gerard
Hyland as our expert witness.
Statements by the witnesses of fact, up to 6 for each party, to be submitted before the Consistory Court hearing, the other party can query these statements and the first party must then reply. These have to be submitted by e-mail by deadlines set at the Directions hearing.
The Consistory Court hearing is set for Saturday 1st March 03.
This is a test case health matters being the main issue. Other Chancellors are awaiting the outcome. We need to provide legal representation and an Expert Witness, who can explain the health issues to the Court.
We feel there are other important matters, heritage; morality; lies on the planning application and failure to follow church guidelines, but as a test case the outcome will have a more widespread effect if decided on health issues alone.
This is the first time that Vodafone will have to fight in Ecclesiastical Court for “a faculty” to be granted. As a test case it may affect the outcome of many other applications for mobile phone installations, even uncontested ones. Other Chancellors are awaiting the outcome of this hearing.
If they lose this case Vodafone seem certain to make an appeal to the Court of Arches, though it seems that they have to be given leave to appeal.
There is a chance that Vodafone could withdraw from this well contested case rather than risk setting a precedent. Unfortunately we will still have still have incurred costs for expert witness and legal representation, and Goliath Vodafone might simply put in a new petition in a year or so.
The up side of this church system is that, unlike a refused planning application, there is no right of appeal to The Secretary of State, (where telecom appeals seem to stand an unusually good chance of success).
