In the absence of expert evidence to support it, a party opponent's case that telecommunications equipment posed a risk to health was doomed to failure in the light of the Court of Arches decision in Re Emmanuel Church, Bentley [2006] Fam 39. There, the Arches Court had held that, in the absence of compelling evidence of a real risk to human health from transmitting radio waves up to the levels set by the Government in their adoption of guidelines set by the International Commission on Non-Ionising Radiation Protection (ICNIRP), it would be wrong for the consistory court to adopt more rigorous guidelines. The chancellor held that, once it was established that an installation would be operated in accordance with the applicable statutory requirements and the guidelines of the ICNIRP, the basis for refusing a faculty without the benefit of expert evidence to support that refusal did not arise. In the present case it was clear that the installation would be so operated and a faculty would accordingly be granted. [Alexander McGregor]
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