VICTORY FOR CHURCH ACCUSED OF SINGING TOO LOUDLY
Thursday 18 February, 2010
UK
Church-goers can worship freely again
By Charles Gardner
A church told they were singing too loudly has won its case against a London borough council.
The Waltham Forest authority last May issued Immanuel International Christian Ministries with a ‘noise abatement notice’ ordering them to worship “more quietly” – or be prosecuted.
But the issue was settled out of court last week, with help from the Christian Legal Centre, through an amended notice leaving councillors to agree with church leaders and an independent sound engineer on volume limits.
This should enable the church to continue worshipping without a constant fear of being fined and prosecuted.
The Christian Legal Centre said in a statement: “This case has established an important principle that local authorities must have substantive evidence of excessive noise, rather than act subjectively on a few complaints without any objective evidence.”
And they added that the council’s delay in reaching a common sense settlement “has severely affected the life of the church, forcing them to reduce the quantity and duration of weekly services while the church, as a charity, has not been able to hire out the premises.”
The church has also spent over £10,000 on sound-reducing measures while repeatedly asking for clear and specific guidance from the council.
The council notice against the church – originally built in 1894 – was served following repeated complaints from just one neighbour – a Muslim man who lives in the church’s former manse.
The church immediately decided to appeal and, when it was dismissed by magistrates, a further appeal was launched in the higher Crown Court.
The CLC said that by amending the notice in the church’s favour, an important principle was established – that such decisions must be objectively verifiable and not at the subjective whim of an enforcement officer.
Speaking after the case, the church’s Pastor Dunni said: “We are grateful for the assistance of the Christian Legal Centre and are happy with today’s success. However, we are also frustrated that things have had to get this far before the council agreed to be reasonable with us.
“We have been trying to reach a solution with the council and our neighbour for months but it has taken two court decisions – costing the council and its taxpayers thousands of pounds – for them to start working with us. We are glad that common sense prevailed… and we will work with the council for a sensible resolution.”
Centre director Andrea Williams said: “The CLC has been increasingly concerned at the use of noise abatement notices to limit church growth and is concerned that these acts may be motivated by opposition to Christian teaching.
“This case demonstrates that the courts are not prepared to accept vague notices such as the one issued by the council. To be told by a local authority that you must stop noise of an ‘excessive volume’ on threat of being fined and prosecuted does not accord with the principle of legal certainty. Hopefully, this decision will warn other councils that they cannot use such vague notices to prevent the normal running of a church.”
Photo: stock.xchng
Ann wrote:
I’m glad that a common sense outcome has come for the church that was accused of being too loud. However, for the sake of Christians themselves, as well as concern for others, it’s important to keep amplification of music within reasonable levels. The Royal National Institute for the Deaf are very concerned about hearing damage from loud concerts. Our hearing depends of tiny hair-like receptors in the ears and if these are damaged then hearing can be lost.
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