ECCLESIASTICAL

Application for faculty to floodlight church - risk of disturbing bat population - court's approachIn re All Saints, Hough on the Hill: Lincoln Const Ct (Collier QC Ch): 28 November 2001The petitioners sought a faculty to floodlight the church.

The faculty was opposed on the grounds, among other things, that the floodlighting would disturb the bat population in the church.

The petitioners in person.

The parties opponent in person.Held, granting the faculty, that the petitioners had to show that they had carefully considered whether bats used any part of the church, and if so whether the architect thought that the works might harm or disturb bats or their roosts and, if so whether the advice of English Nature had been obtained; that since the proposal for floodlighting did not involve any alterations to the church, it was unnecessary for the petitioners to prove a necessity for the works; that since the coming into force of the Human Rights Act 1998 the court had to spell out clearly the process by which it had reached its decisions; that in carrying out the balancing task in the exercise of its discretion under the faculty jurisdiction the court had to consider: l Whether the proposed works were a reasonable thing to do within the curtilage of the church; l If so, whether some or all of the proposals would adversely affect the character of the church as a building of special architectural and historical interest, or adversely, affect other community interest; and, l Whether any loss occasioned by any such adverse effect was proportionate to the benefit which would be gained from the proposal; and that, when applying the doctrine of proportionality, the more likely it was that there might be a significant adverse effect as a result of the works the more cogent would evidence of need or benefit need to be.