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Working with local planning authorities

 - a guidance note  for the Church

Contents

  1. Introduction
    The role of the planning system 1.1
    The position of Church of England churches 1.2
    Aim of this note 1.3
  2. The legislation
    The Planning (Listed Building and Conservation Areas) Act 1990 2.1
    Effect of listing 2.2
    Requirements on the LPA 2.3
    Conservation areas 2.4
  3. Working with the plan-led system- the national and regional context
    Central and local government 3.1
    The Secretary of State?s role and Planning Policy Guidance (PPG) 3.2
    Status of PPGs 3.3
    PPG15 on Planning and the Historic Environment 3.4
    Advice in PPG15 3.5
    PPG16 on Archaeology and Planning 3.6
    Regional Planning Guidance (RPG) 3.7
  4. How does this relate to LPAs?
    The plan-led system 4.1
    LPAs and Development Plans 4.2
    LPAs and Development Plans 4.3
  5. What is the significance of development plans to the Church?
    DBFs as consultees 5.1
    Policies of concern in redundant churches matters 5.2
    Church involvement with local bodies 5.3
    Supplementary planning guidance 5.4
  6. What is the structure of the LPA?
    Structure and role of the LPA 6.1
  7. The Planning Committee
    Role of the Planning Committee 7.1
  8. The Development Control Officers
    Role of Development Control (Planning) Officers 8.1
  9. The Conservation Officer
    Role of the conservation officer 9.1
    Powers of the conservation officers 9.2
  10. The Redundancy Process- When in the redundancy process should the relevant Church body contact the LPA?
    Reasons for contact between the Church and LPAs 10.1
    When consultation is either necessary or advisable 10.2
    When contemplating redundancy 10.3
    When publishing a scheme for redundancy 10.4
    When seeking a new use 10.5
    When making the final decision 10.6
    When publishing a scheme for the future of a redundant church 10.7
    When a scheme has been confirmed in Privy Council 10.8
    Settling the future of the building at the same time as redundancy 10.9
    Redundancy of a church and its replacement by a new church or place of worship 10.10
  11. Finding new uses and overcoming problems
    Church, contents and churchyards- vesting on redundancy 11.1
    DRCUC appointment of agents 11.2
    Pre-marketing desk preparation 11.3
    Aim of preparatory work 11.4
    Early liaison with interested parties 11.5
    Structuring marketing 11.6
  12. Site meetings
    Aim of a site meeting 12.1
    Importance of representation from LPA 12.2
    Form of LPA representation 12.3
    Detailed considerations for a meeting 12.4
  13. Planning Briefs
    Content of a planning brief and its use 13.1
    Disadvantages of a planning brief 13.2
    Letter from the LPA 13.3
  14. Contents
    Contents and listed building consent 14.1
  15. Funding
    Requesting funding from the LPA 15.1
    LPA advice on other funding 15.2
    Conservation Area Partnership Schemes (Heritage Economic Regeneration Schemes) 15.3
    Health and Safety aspect 15.4
  16. Marketing with the benefit of planning permission
    DRCUC applications for planning permission 16.1
    Benefits of such an application 16.2
    Drawbacks 16.3
  17. Archaeology
    Identifying archaeological significance 17.1
    Desk based assessments 17.2
    PPG16 and potential costs 17.3
  18. Areas of potential misunderstanding
    Viability of projects 18.1
    Worship uses 18.2
    Properties in different ownerships 18.3
    Residential conversions 18.4
  19. Churchyards
    Land to be disposed of with the building 19.1
    Providing services and archaeology 19.2
    Formal closing of churchyards 19.3
    Open Spaces Act Agreements 19.4
  20. Implementing New Uses
    Advice to potential users 20.1
    Guidelines on planning procedures 20.2
    Information from Church bodies 20.3
    Sketches 20.4
    Drawings for planning applications 20.5
    Other considerations 20.6
    Confirmation of schemes 20.7
    Appealing against conditions 20.8
    Appealing against planning refusal or non-determination 20.9
    Form of appeals 20.10
    Re-negotiating with the LPA 20.11
  21. When no use is found
    The remaining options 21.1
    Agreeing that no use can be found 21.2
    Final meeting 21.3
    PPG15 and demolition 21.4
    Demolitions under the Pastoral Measure; criteria for Non-statutory Pubic Inquiries 21.5
  22. Aftercare
    Covenants 22.1
    DRCUC role 22.2
    EH and LPA assistance 22.3
  23. Appendix
    Bibliography and useful contacts

1. Introduction

1.1 The role of the planning system is to regulate the development and use of land in the public interest. In relation to the historic environment, the planning system aims to offer protection while reconciling conservation with other competing demands, such as economic development and regeneration.

1.2 In the search for new uses for redundant churches, Church bodies will have frequent contact with the planning system, most commonly through the local planning authority (LPA) and its officers. All churches, whether in use or redundant are subject to normal development controls in respect of additions, alterations, extensions and changes of use. The Church of England?s exemption from listed building and conservation area control ceases when a church is declared redundant. In the use seeking period, faculty jurisdiction continues to apply, so that the church is subject to dual control until its future is settled.

1.3 This note provides basic information on relevant aspects of the planning process and advice on dealing with LPAs on redundant church matters. Effective liaison with the LPA can be a key factor in securing and facilitating new uses.

2. The legislation

2.1 The Planning (Listed Buildings and Conservation Areas) Act 1990 constitutes the current statutory basis for controls in respect of buildings and areas of special architectural or historic interest. It is by virtue of this Act that the Secretary of State for Culture, Media and Sport has the power to compile, approve and publish lists of buildings of special architectural or historic interest, after consultation with English Heritage (EH) or others.

2.2 The effect of listing is that no alteration or extension of a listed building in any manner which would affect its character as a building of special architectural or historic interest, nor any works for demolition, may be executed without listed building consent i.e. authorisation from the LPA or Secretary of State.

  1. The LPA is required by the Act to ?have special regard to the desirability of preserving [a listed] building or its setting or any features of special architectural or historic interest which it possesses?. This applies equally to the consideration of applications for listed building consent and related planning permission for development.
  2. The Act also requires local planning authorities to ?determine which parts of their areas are of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance?, and to designate these as conservation areas. If a building (whether listed or not) lies in a conservation area, it cannot be demolished without conservation area consent.
  3. Section 60(9) of the Act and a direction under section 75(2) provide exemption from the need to obtain, respectively, listed building consent and conservation area consent to demolition of churches under Pastoral Measure redundancy schemes. See however section 21.5 concerning Non-Statutory Public Inquiries (NSPIs).

3. Working with the plan-led system- the national and regional context

3.1 Within the context of this legislation, both central and local government have a role in the shaping and operation of the planning regime.

3.2 As well as proposing primary and secondary legislation, the Secretary of State for the Environment, Transport and the Regions issues Planning Policy Guidance notes (PPGs) and circulars. PPGs set out government policy on planning issues and provide guidance on the operation of the planning system.

  1. PPGs are not binding in the manner of legislation. However, they are important material considerations which must be given due weight when planning applications are considered by the local planning authority or on appeal.

3.4 Planning Policy Guidance 15- (PPG15) deals with ?Planning and the Historic Environment?. It provides a full statement of Government policies for the identification and protection of historic buildings, conservation areas, and other elements of the historic environment. It explains the role played by the planning system in their protection.

3.5 Probably of most interest to the Church in the context of use-seeking for redundant churches is the clear presumption in PPG15 in favour of the preservation of historic buildings. PPG15 urges local authorities to ?apply normal development control policies flexibly? to facilitate their re-use (see in particular sections 3.8- 3.15 of PPG15).

3.6 Complementary guidance on archaeology and planning is given in PPG16- Archaeology and Planning.

3.7 Regional Planning Guidance (RPG) is issued by the Secretary of State in respect of each of the regions. It is drawn up following advice from regional groupings of local authorities together with other regional stakeholders. In practice, RPGs have a very limited impact on listed building policies.

4. How does this relate to local planning authorities?

4. 1 The planning system is ?plan- led?. Local authorities prepare, adopt and implement development plans to provide the local context for individual planning decisions. Local authorities must take into account national and regional planning guidance in preparing these plans and in deciding individual planning applications.

4.2 Where there are two tiers of local government (i.e. County and District) there will be:

A Structure Plan, which will-

  • be produced by the County Council
  • set out key and strategic policies and provide the framework for local plans

And a Local Plan, which will-

  • be produced by the District Council
  • set out more detailed policies, to guide development in a particular local authority area
  • cover the whole of a local authority area and may include detailed proposals for specific sites.

Where there is only one tier of local government (i.e. in metropolitan areas and in new unitary authorities) there will normally be a:

Unitary Development Plan, which-

  • contains all planning policies relevant to those areas
  • will have a Part I, incorporating a written statement of the local authority?s strategic policies for the development and use of land in their area
  • will have a Part II, containing detailed proposals for the use and development of land, with Part I providing the framework for this.
  1. Some unitary authorities will produce a Structure Plan and a Local Plan.

5. What is the significance of development plans to the Church?

5.1 Diocesan Boards of Finance (DBFs) are now recommended consultees (see PPG12, Annex C, section 5) in respect of Development Plans and should take the opportunity to provide input when such plans are in draft form.

  1. So far as redundant churches are concerned, of particular concern are the policies relating to re-use of listed buildings and exceptions to policies restraining residential use in rural areas. There is a presumption in many Development Plans against the loss of community facilities and this can cause particular problems in marketing redundant churches for alternative uses. When commenting on draft development plans dioceses should draw attention to the need for flexibility.

5.3 In order to work more effectively with LPAs generally the Church might also look for opportunities to become involved in such bodies as community and neighbourhood forums; local conservation area forums; and conservation area advisory committees. Contact your LPA for details of these bodies.

5.4 Supplementary planning guidance (see section 13.1) can be useful in facilitating the search for alternative uses for historic buildings.

6. What is the structure of the local planning authority?

6.1 Every local planning authority is different and, for example, the degree of

delegation to officers and the relationship between officers will vary. What is common to them all is the (by law) primacy of the Development Plan policies, and the need to consult English Heritage (EH) on the more significant listed building consent applications, and all those concerning Grade I or II* buildings. Some will also involve the Secretary of State.

7. The Planning Committee

7.1 Planning Committee, Environment Committee or Development Control Committee are the most common names for the Committee of the LPA which decides the more important and/ or contentious planning applications.

8. The development control officer

8.1 In most authorities delegated decision making powers and the main burden of advising the Planning Committee will fall to the officers designated either as planning officers or development control officers. Normally, but not always, advice from other relevant officers such as conservation officers, highways officers etc. will be channelled through them.

9. The conservation officer

9.1 Most local planning authorities employ conservation officers/ urban design

officers who concentrate on the listed building and conservation aspects of applications. Some District Councils take advice from the County Council and many authorities also have a Conservation Areas Advisory Committee.

9.2 It is unusual for conservation officers to have delegated decision making power but the degree to which their advice is subordinated to the overall development control system will vary.

10. The redundancy process- when in the redundancy process should the relevant Church body contact the LPA?

10.1 The redundancy process under the Pastoral Measure 1983 (the Measure) involves contact at various stages between the Church and the LPA. This is because:

  • the LPA is an interested party under the Measure who must be consulted/ informed of events at various stages.
  • the LPA and its officers can offer practical help and advice in the use-seeking process.
  • planning permission is required for most changes of use and listed building consent for alterations where appropriate.

10.2 Contact at the use-seeking and use-implementation stages is explored in more detail in the following sections. Below is a summary of when consultation is either necessary or advisable:

When contemplating redundancy?.

10.3 Before making any recommendation for a declaration of redundancy, the

Diocesan Pastoral Committee (DPC) must notify the Council for the Care of Churches (CCC) to obtain a report on the church and must ascertain the views of various interested parties, including the LPA.

When publishing a scheme for redundancy?.

10.4 The LPA is one of the interested parties on whom notice is served when the draft scheme providing for a declaration of redundancy is published. The Pastoral Division of the Church Commissioners (the Commissioners) will do this. Any representations made against the principle of redundancy will be considered by the Commissioners? Pastoral Committee.

When seeking a new use?.

  1. The Diocesan Redundant Churches Uses Committee (DRCUC) is responsible for looking for a new use for the building and it or its agents are advised to consult the LPA on possible alternative uses. More information on the help the LPA can provide in the use- seeking process, and on planning permission and listed building consent requirements, can be found under section 11,?Finding New Uses and Overcoming Problems?.

When making the final decision?.

10.6 The final decision on the future of a redundant church rests with the Commissioners, whose decision is subject to secular planning law in respect of changes of use and alterations, and possible Non- Statutory Public Inquiries (NSPI) in certain contested demolition cases. The LPA is a qualifying body under the NSPI arrangements agreed with the Secretary of State (see section 21.5).

When publishing a scheme for the future of a redundant church?.

10.7 Copies of the draft scheme providing for the future of a redundant church are served on a number of interested parties, including the LPA. The Redundant Churches Division of the Commissioners will do this. The LPA will be able to make a representation for or against a scheme. If they object, this will be considered by the Commissioners? Redundant Churches Committee.

When a scheme has been confirmed in Privy Council?.

10.8 Prints of a scheme confirmed by Her Majesty in Council are distributed to a number of interested parties, including the LPA. Again, the Commissioners will do this.

Other situations

10.9 Section 47 cases provide for the future of the building at the same time as declaring it redundant. The LPA will be formally consulted on the draft scheme in the usual way by the Pastoral Division.

10.10 Section 46 cases provide for redundancy of a church and its replacement by a new church or place of worship. The LPA is again consulted on the draft scheme by the Pastoral Division:

  • planning permission is required for a new church or place of worship, whether on the same site or elsewhere, or for any further development of the site
  • if demolition of the old church is envisaged, listed building consent and conservation area consent are not required but the possibility of a NSPI may arise in certain contested demolitions (see section 10.6 above).
  • if the old building is to have a new use, planning permission for a change of use may be required and, if appropriate, listed building consent for proposed alterations

Early consultation with the LPA is vital, and particularly before proposals reach an advanced stage.

11. Finding new uses and overcoming problems

11.1 On redundancy, a church and its contents vest automatically in the DBF, while the churchyard normally continues to vest in the incumbent and, unless it has been closed (see section 19.3), the Parochial Church Council (PCC) continues to be responsible for its maintenance.

11.2 Unless a new use is already available at the time of redundancy, the normal practice is for the DRCUC to appoint agents immediately to advise on a marketing strategy and act on its behalf.

  1. Pre- marketing desk preparation could include consideration of:-
  • the CCC report;
  • the listing description and Sites and Monuments Record (if applicable);
  • the local Development Plan- (does it contain policies for re-use of historic buildings or for the specific area in which the redundant church is located?);
  • any relevant information from the archaeological database (ask the LPA for this)
  • any Conservation Area Assessment Statements, from the LPA, which will identify key buildings in a conservation area (if applicable).
  • and any advice received from the Advisory Board for Redundant Churches (ABRC) or other comments from the local planning authority.

11.4 This would be with a view to identifying uses which would be suitable and acceptable to both civil and Church authorities and identifying any potential problems which may need to be addressed.

11.5 Early liaison with the various interested parties, including the local planning authority, is strongly recommended. The assistance provided by different LPAs at this stage will be variable. Some are very positive and willing to engage in constructive dialogue from an early stage; other LPAs are reluctant to comment unless a formal planning application has been submitted. If the LPA seems to be unhelpful, one way forward might be through the early site meeting. EH may be able to assist in resolving continuing difficulties.

11.6 Indiscriminate marketing before consultation with the LPA can be unproductive. It is often preferable to identify uses likely to be acceptable and structure the marketing accordingly. Any ensuing planning applications must be decided in accordance with the relevant adopted Development Plans unless other material considerations indicate otherwise. (These could include any national and regional planning guidance notes issued subsequent to the adoption of the Development Plan).

12. Site meetings

12.1 Site meetings should bring together interested parties, including the LPA, with the aim of identifying realistic options for the building, encouraging a constructive and flexible approach from all concerned and agreeing a suitable course of action.

12.2 Representation from the LPA is particularly important where a building is listed and finding a new use is likely to prove difficult.

  1. The presence of both a Conservation Officer and an officer from Development Control is desirable. Establishing a good relationship with the LPA (and EH) officers early on will make the rest of the process easier.

12.4 More detailed considerations at a site meeting might include how to deal with the contents and furnishings, and whether a planning brief might be appropriate.

13. Planning briefs

13.1 There may be circumstances in which a planning brief would be helpful. A planning brief will normally establish the local planning authority?s commitment to help secure a new use within the context of its Development Plan; provide advice on those uses likely to find favour; the nature and extent of alterations likely to be permitted; the position on access and parking; possible sources of funding assistance; and relevant contact names within the Council. This information can help structure the marketing campaign and will be beneficial to potential users. A planning brief may also be regarded as Supplementary Planning Guidance relating to the Development Plan, and so carry weight when an application is being assessed.

13.2 However, planning briefs are not common and should be used judiciously: the process can be lengthy and complicated. Other potential concerns are:-

  • their production is time-consuming and can require consultation with various other departments e.g. traffic and environmental services.
  • there is also sometimes public consultation which can take time.
  • they often cover an area rather than an individual building.
  • they are not speedily available.

13.3 Alternatively, assistance from the LPA can take the form of a letter, including a planning statement with an indication of likely acceptable uses. This has the advantage of being simpler for the LPA to produce and more speedily available for the applicant. The disadvantage for the applicant is that it may carry less weight than a planning brief when an application is considered.

14. Contents

14.1 The permanent disposal of fixtures and, perhaps, some furnishings from listed redundant churches requires listed building consent. It is also advisable to consult the LPA prior to the temporary removal of such fixtures. It is often possible, when requesting a planning brief or letter, to ascertain whether listed building consent is likely to be granted for the removal of fixtures (including pews). See RCG1, ?Contents of Redundant Churches?.

15. Funding

15.1 It is worth ascertaining whether the LPA can provide any funding, e.g. towards emergency repairs for listed buildings. LPAs have also been known to part fund feasibility studies, aimed at testing the viability of proposed uses for buildings.

15.2 If an applicant might be eligible for other funding, the LPA might be able to advise accordingly, particularly as part of an established good relationship with LPA officers. The support of the LPA is crucial to any bid for Lottery money.

  1. Conservation Area Partnerships (CAPs, being replaced by Heritage Economic Regeneration Schemes) are a useful funding vehicle, not least for emergency works of repair.

15.4 If Health and Safety issues are raised by the state of the building, money from the LPA might be more readily available (although this is likely to be reclaimed from the owner).

16. Marketing with the benefit of planning permission

  1. Another option is for the DRCUC itself to apply for (outline) planning permission (and listed building consent if required) and market the property with the benefit of secular consents in place.
  2. This can be useful in some circumstances, particularly where the new use is likely to be a radical change. Having planning permission already should cut down on "red tape" for the potential purchaser, help the sale price and require input from the LPA (particularly useful where the LPA is not inclined to provide early, informal help).

16.3 The potential drawback of this approach is that it is often difficult to predict the type of use that will ultimately be successful in a building and it could therefore incur unnecessary expense for the diocese.

17. Archaeology

17.1 The possible archaeological significance of a site can often be identified at an early stage from the CCC report and the advice of the ABRC. Bear in mind that later churches built on earlier sites, particularly medieval sites, are likely to be archaeologically sensitive. An archaeological report may be needed as part of the planning application, and, if so, it is usually helpful to produce it at an early stage and reduce the overall time scale.

17.2 A desk- based assessment of the archaeological interest and ramifications of any proposals is often possible, and this is not as costly as a field report, but it should take account of the Sites and Monuments Record (consult the LPA or County or District Archaeologist).

17.3 PPG16: Archaeology and Planning underlines the importance of early consultation with the LPA. Any archaeological condition attaching to a planning permission has to be ?fair, reasonable and practicable?. The presumption in PPG16 is for the developer to bear the costs of archaeological inquiry but many potential users of redundant churches have limited resources and are promoting projects which are unlikely to yield significant financial returns. Potential archaeological costs can, unless carefully handled , discourage prospective users. There might be some scope for funding assistance e.g. in SRB (Single Regeneration Budget) Areas; the LPA will be able to advise. If difficult situations arise these should be discussed with the LPA and EH in order to strike the best balance in efforts to secure a suitable use and prevent the risk of demolition.

18. Areas of potential misunderstanding

18.1 It is worth remembering that the viability of proposals is not a predominant planning issue for the LPA but it is a major concern for Church bodies. A realistic assessment of any potential use at the outset is desirable.

18.2 LPAs might not always accept potential difficulties in retaining the building for worship use, for example any pastoral considerations relating to use by non- Christian faiths.

18.3 Particular difficulties can arise when disposing of adjacent church properties in different ownership.

18.4 Some LPAs view residential conversion as a last resort, and not particularly appropriate to the character of redundant churches. However, in many dioceses successful conversions have been carried out.

19. Churchyards

19.1 The DRCUC should, after consultation with the parish, take an early view on what land, if any, is likely to be disposed of with the building.

Bear in mind that:

  • the procedure is simpler where land containing burials is excluded.
  • inclusion of part of the churchyard in the sale/ lease can prove crucial in securing an alternative use, for example by providing necessary amenity or parking space.
  • potential pastoral sensitivities need to be considered and handled carefully.

Further guidance on the procedure where burials are involved can be found in the Code of Recommended Practice to the Pastoral Measure.

19.2 Any archaeological implications of providing services into the building need to be considered too. The LPA and County Archaeologist can advise and the ABRC?s preliminary advice may highlight any particular archaeological interest. The County Archaeologist will be able to provide advice on appropriate archaeological organisations able to carry out work on churches and churchyards.

19.3 When it is no longer possible for further burials to take place in a churchyard, the Parochial Church Council may seek a formal closing order under the Burials Acts and apply to the local authority for the latter to assume responsibility for future maintenance.

19.4 This sometimes leads to an agreement under the Open Spaces Act 1906, between the incumbent, PCC and local authority to permit the future use of the churchyard as an open space. Such an agreement does not affect ownership of the churchyard but, depending on the form it takes, it can cause difficulties in the event of redundancy and where disposal of the building and land in question is intended. Particular problems may arise where the agreement is expressed to be of a perpetual nature, or its duration is not specified and there is no provision for termination. The title investigation should reveal the existence of any such agreement and the DRCUC should liaise closely with the Commissioners in reviewing the options.

20. Implementing new uses

20.1 When a use is found, the process of gaining any necessary planning consents will be quicker and easier if the applicant has professional advice and is aware of the requirements for drawings and documentation. The DRCUC or diocesan agents should advise the potential user on the planning process where necessary.

  1. Guidelines, for example on applying for listed building consent, vary a little between LPAs but are generally very similar. It may be useful for the diocese and its agents to get hold of guidelines from the beginning of the marketing process, so that they can make applicants aware of the requirements.

20.3 Consider if Church bodies are able to provide the applicant with other information which might be helpful e.g. Quinquennial reports, record drawings of the building etc.

20.4 The production of even basic sketches of proposed schemes at an early stage in the process can be helpful in identifying and resolving any problems before the formal application is submitted. In the long run, this can speed up the process.

20.5 At the formal application stage, it is important that drawings answer the material considerations and allow assessment of the impact of alterations or changes. Drawings should be detailed and accurate. Many LPAs will reject applications with too little information, so it is important that applicants understand the level of detail required for listed building consent applications and ABRC consideration.

20.6 The applicant should be aware that it is not just planning aspects which will have to be satisfied, but also, albeit separately, issues such as building regulations and, sometimes, environmental health.

20.7 The Commissioners? agreement to publish a draft scheme providing for an alternative use recommended by the DRCUC is subject to the completion of the remaining requirements of the Measure. Schemes will not normally be put forward for confirmation by Privy Council unless planning permission and listed building consent, if required, have been granted.

  1. Applicants should be aware that appeals can be made against conditions attaching to planning permission (e.g. hours of use) and this is worth considering if the conditions endanger an otherwise viable and secure use.

20.9 It is also possible for applicants to appeal against a refusal to grant planning permission or against an LPA?s failure to determine an application within eight weeks of receipt. An appeal against a refusal can be particularly appropriate where an LPA opposes a particular use in principle, such as residential conversion, which has been deemed acceptable elsewhere.

  1. Appeals can take one of three main forms:
  • the most common is the written appeal. This is the quickest option, taking about 17 weeks. The appellant and LPA each provide a written statement outlining their case. A written appeal does not incur a fee, but it must be submitted within six months of the LPA?s decision (earlier in some cases). Forms can be obtained direct from The Planning Inspectorate, Tollgate House, Houlton Street, Bristol, BS2 9DJ.
  • a local hearing (where an inspector personally hears the arguments of each party)
  • a full public inquiry.

Great consideration is recommended before pursuing the latter two options; both are far more time- consuming than a written appeal and a public inquiry can involve much expense.

20.11 It is sometimes worth re-negotiating with the LPA parallel with the lodging of an appeal, particularly if permission was refused on matters of detail rather than principle.

21. When no use is found

21.1 When no suitable alternative use is found, the Commissioners have to decide between the remaining options of preservation by the Churches Conservation Trust (CCT) and demolition.

21.2 For the Church side, if demolition seems the likeliest option, it is important to try to achieve the agreement of the main bodies, including the LPA and EH, that all reasonable efforts to find an alternative use have been exhausted.

21.3 A final meeting of all interested parties to review the outcome is generally a good idea.

21.4 PPG15 sets out criteria for LPAs to assess applications for the demolition of listed buildings. It states that relevant considerations are:

  • that all reasonable efforts have been made to sustain existing uses or find viable new uses, and these efforts have failed;
  • that preservation in some form of charitable or community ownership is not possible or suitable;
  • the condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use;
  • or that redevelopment would produce substantial benefits for the community which would decisively outweigh the loss resulting from demolition.
  1. Demolitions pursued under the Pastoral Measure are exempt from listed building and conservation area consent regimes. However, the Commissioners and the Secretary of State for the Environment, Transport and the Regions have agreed a procedure whereby, in the circumstances described below, the latter will be asked by the Commissioners if he wishes to hold a non-statutory local public inquiry or informal hearing into contested proposals to demolish, wholly or partly, a listed redundant church, or to demolish an unlisted church in a conservation area. This is when there are sustained objections to the draft scheme from a qualifying body i.e. the LPA, EH, a national amenity society or the ABRC. If the Secretary of State does not choose to hold such an inquiry, the Commissioners are able to proceed with the scheme. Otherwise the Commissioners have undertaken to abide by the Secretary of State?s decision following an inquiry.

21.6 The LPA and EH will consider each case on its own merits, but will have regard to the criteria in PPG15 in considering their responses to demolitions under the Pastoral Measure. The DRCUC and their agents should keep detailed records of the attempts made to find a use, expressions of interest and how these were followed up. The Commissioners provide a comprehensive reprise of these efforts in their demolition memorandum which accompanies publication of a draft scheme for demolition.

22. Aftercare

22.1 After a redundant church is sold or leased, the Church retains a measure of continuing interest and responsibility through covenants which, inter alia, restrict the purposes for which the property might be used. Occasionally, breaches of covenants or requests for variations arise, and these are dealt with by the Commissioners (where the building has been sold) or the DBF (in lease cases).

22.2 The DRCUC has no statutory role once a redundant church has been disposed of, but it is often in a good position locally to monitor the implementation of an authorised use. Recommended practice is for DRCUC members to be alert to any breaches while travelling around the diocese and to inform the Commissioners of any infringements.

22.3 In cases where the new owner fails to maintain the building in a wind and watertight condition, liaison with EH and the LPA can be useful in providing additional powers of enforcement, particularly if the local authority is considering serving enforcement or dangerous structure notices (or, if the building is listed, a Repairs Notice or Urgent Works Notice). The conservation officer at the LPA can also provide useful practical advice to users who are finding it difficult to complete repair or conversion work.

Redundant Churches Division
Church Commissioners.
December 2000

The Commissioners have also prepared a guidance note for local planning authorities (RCG 3- Redundant Churches in the Church of England- A Guidance Note for Local Planning Authorities). Copies are available on request.

Blibliography

Code of Recommended Practice to the Pastoral Measure

  • available from Church House bookshop ( previously distributed to DRCUC secretaries)

Contents of Redundant Churches (RCG1)

  • available from The Redundant Churches Division, The Church Commissioners

Temporary address: Elizabeth House, 39 York Road, Waterloo, SE1 7NQ

From 2002: 1 Millbank, Westminster, SW1P 3JZ

Planning Policy Guidance 12: Development Plans

Planning Policy Guidance 15: Planning and the Historic Environment

Planning Policy Guidance 16: Archaeology and Planning

  • available from: HMSO Publications Centre
PO Box 276
London
SW8 5DT
Tel: 020 7873 9090 for orders
Tel: 020 7873 0011 for general enquiries).

PPG12 is also available on the DETR website- see below

Useful Contacts

Department of the Environment, Transport and the Regions

Eland House
Bressenden Place
London
SW1E 5DU
Tel: 020 7944 3000
Website: www.detr.gov.uk (for planning matters visit www.planning.detr.gov.uk)

The Planning Inspectorate

Tollgate House
Houlton Street
BRISTOL
BS2 9DJ
Tel:
Website: www.planning-inspectorate.gov.uk/

- website contains information on the work of the Planning Inspectorate, up to date information on the way planning appeals are handled, and allows forms to be downloaded.

Local Councils

Website: www.local-government.net

- visit to search for the contact details of Local Authorities throughout the UK

English Heritage Regional Offices

NORTH EAST

Bessie Surtees House
41-44 Sandhill
Newcastle upon Tyne
NE1 3JF
Tel: 0919 261 1585

SOUTH EAST

Fourth Floor
Berkeley House
London Square
Cross Lanes
Guildford
GU1 1XL
Tel: 01483 304869

LONDON

23 Savile Row
London
W1X 1AB
Tel: 020 7973 3450

NORTH WEST

Canada House
3 Chepstow Street
Manchester
M1 5FW
Tel: 0161 242 1400

SOUTH WEST

29 Queen Square
Bristol
BS1 4ND
Tel: 0117 975 0700

YORKSHIRE

37 Tanner Row
York
YO1 6WP
Tel: 01904 601901

EAST MIDLANDS

Hazelrigg House
33 Marefair
Northampton
NN1 1SR
Tel: 01604 730320

WEST MIDLANDS

112 Colmore Row
Birmingham
B3 3AG
Tel: 0121 625 6820

EAST OF ENGLAND

62-74 Burleigh Street
Cambridge
CB1 1DJ
Tel: 01223 582700