Listed Places of WorshipJonathan Taylor
Historic places of worship are the crown jewels in the UK’s architectural heritage, providing a priceless display of craftsmanship from pre-Norman times to the present day. Significantly, while churches account for just five per cent of listed buildings (all grades), almost half of the very best listed buildings (those listed at Grade I) are owned by the Church of England. What is a listed building? However, there are two further important differences from planning permission. Firstly, it is a criminal offence to carry out an alteration which needs listed building consent without that consent, so anyone who carries out unauthorised work could face prosecution and, ultimately, a fine, a criminal record, and perhaps even a prison sentence. Secondly, while planning permission is granted by the local planning authority, in most cases listed building consent for works affecting a church or other place of worship is dealt with by the church authority itself, as described below under the heading ‘ecclesiastical exemption’. In England and Wales the lists of buildings of special architectural or historic interest are compiled by English Heritage and Cadw (the historic environment service of the National Assembly for Wales) respectively. The buildings are graded I, II* and II, with Grades I and II* being of national or international importance, and Grade II being of more general significance. Over 90 per cent of all listed buildings are Grade II. In Scotland the list is compiled by Historic Scotland (an executive agency of the Scottish government), and the 47,000 or so listed buildings are graded by categories A, B and C(s), with category A being the most important. The majority are split more evenly between B and C(s). In Northern Ireland the list is compiled by the Department of the Environment for Northern Ireland. The most significant buildings are listed Grade A or B*, with the remainder at Grade B1 or B2. Protection generally extends to include everything within the curtilage of the building (including the churchyard for example) that was constructed before 1 July 1948. The grade or category of the listing does not alter the extent to which alterations are controlled. ECCLESIASTICAL EXEMPTION Alterations to churches and other places of worship are subject to the same requirements for obtaining planning permission as unlisted buildings, but where listed building consent is concerned, most churches enjoy a degree of autonomy. England and Wales It is important that the procedures which apply under the ecclesiastical exemption are properly followed because the system is still under review, and any denomination could lose its exemption if its system is seen not to be working adequately. Furthermore, anyone who carries out the alteration of a listed building without the consent of the appropriate church authority is committing a criminal offence, as in the secular system. Currently the exemption applies to works affecting the place of worship itself as well as to structures within its curtilage unless independently listed or scheduled, although this could change if draft legislation is ever enacted (see below). Ancillary buildings which are not used for worship are also excluded, as is the complete demolition of a listed building since, by definition, a church cannot be considered to be in use as a place of worship when demolition commences. Generally the denominations operate a two-tier system, with representatives of the statutory bodies attending the lower board, the approval being issued by the higher one. This approval is called a ‘faculty’ by the Roman Catholic Church, the Church of England and the Methodist Church. Within the Church of England no alterations, additions, removals or repairs to a church, its fabric, ornaments or furniture may be made without a faculty. The Diocesan Advisory Committee must be consulted first on work affecting a building, and the Church Buildings Council (formerly called the Council for the Care of Churches) must be consulted if the work affects an object of particular artistic, historic, architectural or archaeological interest. The faculty is granted by the diocesan consistory court. Scotland The denominations participating in this scheme are: Associated Presbyterian Churches, Baptist Union of Scotland, Church of Scotland, Free Church of Scotland, Free Presbyterian Church, Methodist Church in Scotland, Roman Catholic Church in Scotland, Scottish Episcopal Church, United Free Church of Scotland, and United Reformed Church Scotland Synod. Proposals affecting the exterior which would usually require consent are dealt with under the planning system, with an application submitted to the local authority. If the application is successful, listed building consent is granted in the usual way. If, however, the church is unable to negotiate a solution which is acceptable, under the exemption the application will be referred by the planning authority to the appropriate ‘decision making body’ within the denomination concerned, along with any written submissions from Historic Scotland, the planning authority and others as appropriate. The final decision therefore rests with the church authority. The denominations, like the local authority, are required to adhere to the guidance contained within the Memorandum of Guidance on Listed Buildings and Conservation Areas (Historic Scotland 1997). HERITAGE PROTECTION REFORM The Government was putting the final touches to a root and branch overhaul of the heritage protection system operating in England and Wales when recession struck. Parliamentary time for enactment was lost, and many of the proposals are now on ice. Nevertheless, it seems likely that much of what was proposed will eventually be realised. In April 2008 the government published the Draft Heritage Protection Bill which sets out the core proposals for updating and simplifying the legislation protecting our historic environment. Details relating to conservation areas followed in July. Some of the most significant changes proposed were as follows:
The bill was due to be introduced in the 2008/09 session of parliament for implementation 2010/11. However, pressure from other priorities relating to the economic situation caused it to be delayed. A draft of the proposed Ecclesiastical Exemption (Registered Heritage Structures) Order was published in May together with draft guidance on the Operation of the Ecclesiastical Exemption. This retains the key features of the existing system, but extends the exemption to include ancillary heritage structures within churchyards such as lychgates, memorials, churchyard walls, charnel houses and parish rooms, whether individually listed or not, provided that they fall within the remit of the internal system of control operated by the church authority. Although the new acts of parliament remain on ice, the Government published a new Planning Policy in March 2010, replacing Planning Policy Guidance notes PPG15 (Planning and the Historic Environment) and PPG16 (Archaeology and Planning). Planning Policy Statement 5. Planning for the Historic Environment (PPS5, 2010) is a major step in streamlining the protection of the various forms of heritage asset, and firmly entrenches the concept of significance in the English planning system. This new document details policy not guidance, but the accompanying document, PPS5 Historic Environment Planning Practice Guide fills many of the gaps. Both documents can be downloaded free of charge from the DCLG website. A short overview appears on BuildingConservation.com HERE. ~~~ Recommended Reading
Government guidance
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This article is an edited version of one that appeared in Historic Churches in 2008 entitled 'Listed Building Protection'. It was updated by the author, May 2010
UPDATE: PPG15 and PPG16 cancelled Since this article was published Planning Policy Guidance Note 15: Conservation of the Historic Environment (PPG15, 1994) and Planning Policy Guidance Note 16: Archaeology and Planning (PPG16, 1990) have been cancelled by the Government following the release of Planning Policy Statement 5. Planning for the Historic Environment (PPS5, 2010), in March 2010. This new document details policy not guidance, but the accompanying document, PPS5 Historic Environment Planning Practice Guide fills many of the gaps. Both documents can be downloaded free of charge from the DCLG website. A short overview appears on BuildingConservation.com HERE AuthorJONATHAN TAYLOR is the editor of The Building Conservation Directory and a co-founder of Cathedral Communications Limited. He studied architectural conservation at Heriot-Watt University, Edinburgh and has a background in architectural design, conservation and urban regeneration. Further informationRELATED ARTICLES see also: RELATED PRODUCTS AND SERVICES Advisory bodies and associations Conservation plans and policy consultants
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