Parsonages and Glebe: Planning Appeals and Court Judgments

This page includes copies of key parsonage planning appeals and case law in respect of Court Judgments affecting parsonage houses and glebe. Please click here to see the letter of 4 June 1997 from the Department of the Environment stating that it is possible for Canon Law to be a material planning consideration in a particular case.

Planning Appeals

Penshurst (Rochester)

3 January 2002
A successful Appeal Decision concerning a proposal to build a new parsonage house on diocesan glebe adjoining Penshurst churchyard and the grounds of the existing rectory. The Decision emphasises that Canon Law and the Parsonages Design Guide were taken into consideration by the Inspector. There is also a special requirement that the occupation of the new property be limited to the incumbent of the benefice.

Curry Rivel (Bath & Wells)

11 April 2002
A successful Appeal Decision concerning a proposal to build a new parsonage house in the garden of the existing house at Curry Rivel. The Decision emphasises that Canon Law and the Parsonages Design Guide were taken into consideration by the Inspector.

Catfield (Norwich)

23 April 2002
Confirms that in the Inspector's view the Pastoral Measure process (carried out by the competent authorities to decide on ecclesiastical administration i.e. Diocese, Church Commissioners and Privy Council Office) is sufficient to determine that a "parsonage only" covenant (of more than short duration) should be lifted.

Lyneham (Salisbury)

28 June 2006

There is no Appeal decision here as the matter was dealt with by North Wiltshire District Council.  But Parsonages Boards will be interested to know that Salisbury got planning permission for a new parsonage in June 2006 on the sole recorded ground that "Canon Law is a material consideration which overrides policy".  This is another recent example that Planning Officers are still heeding the agreement we reached on this with the then Department of the Environment in 1997.

Court Judgments

Hathersage (Derby)

5 February 2003
A successful High Court action whereby the Judge ruled that a parsonage house vested in a Diocesan Board of Finance (DBF) under the Pastoral Measure for diocesan purposes could be disposed of without a further Scheme or Order. He emphasised that sale proceeds can only be used for diocesan purposes which are narrower than the objects of the DBF.

Registration of land as village green

22 January 2004
A High Court Judgment dealing with many points of law on applications for registering land as village green.

If you have a general enquiry or comments about these web pages please contact Fiona McKenzie.