The petitioners sought permission for the installation of wireless broadband equipment in the tower of their church. Letters of objection were received at the Registry from Miss Robinson, a parishioner who suffered from electrosensitivity, and from her parents who lived in Northern Ireland. In addition, nine forms which had been circulated by Miss Robinson within the parish and apparently completed by parishioners objecting to the works were also sent to the Registry. Given the inability to identify the authors of those objections and the lack of clarity about the basis of the objections, the chancellor treated these forms as showing only that there were others within the parish who were unhappy about the works.

The chancellor considered whether the parents of Miss Robinson were ‘interested persons’ such that they would have standing to object in the petition. Their sole interest in the matter arose from the fact that their adult daughter was resident in the parish and they argued that the works would affect her health. The chancellor was satisfied that Miss Robinson, although clearly unwell, had written a number of letters outlining her objections to various people, including the bishop, the archbishop and the local MP, and was capable of representing her own views and interests in the matter. It was held that even close family members of parishioners did not have sufficient interest in the substance of a petition by virtue of that relationship alone.

Objections had been raised that the Consistory Court did not have jurisdiction to permit the proposed works on the basis that the electromagnetic radiation which would be produced by the equipment would extend beyond the curtilage of the churchyard and therefore beyond the jurisdiction of the court. The chancellor held that the proposed works fell squarely within the jurisdiction of the court as codified in the Ecclesiastical Jurisdiction Measure 1963 and the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. The fact that the impact of the proposed works extended beyond the curtilage of the churchyard was akin to petitions for the repair or installation of floodlighting or bells, where there could equally be an effect upon local residents. The faculty procedure includes measures specifically intended to give those with an interest in the proceedings an opportunity to have their views heard and considered, and the Consistory Court can and will take account of the impact that any proposed works would have on those living in the vicinity.

Miss Robinson's objections centred around her electrosensitivity and the purported impact that the electromagnetic radiation from the proposed equipment would have on her health. She argued that she had recently bought a house in Sharrington specifically because of the low levels of electromagnetic radiation in the village, upon which her health depended. The chancellor reviewed the scientific evidence available and held that there was, on the balance of probabilities, no compelling evidence that the radiation which would be emitted in this case would cause harmful health effects in people, including those who suffer in the same way as Miss Robinson. In line with the decision in Re Emmanuel Church, Bentley [2006] Fam 39 it would be wrong for the Consistory Court to impose stricter guidelines than those of the local planning authorities without good reason. The faculty was granted subject to conditions ensuring that the radiation emission levels of the equipment remained compliant with national and international guidance. [RA]