26
BCD Special Report on
Historic Churches
19
th annual edition
Protected Buildings
A Brief Guide to the Legislation
A
ll buildings
in the UK are covered
by planning controls. The churches,
chapels and other places of worship
of certain denominations are exempt from
aspects relating specifically to the control
of listed buildings and conservation areas,
as outlined under ‘ecclesiastical exemption’
below. However, planning permission is
still required for certain developments,
irrespective of their denomination.
This article outlines the current position
in Britain, including the implications of the
new
National Planning Policy Framework
,
recently introduced in England.
Planning permission
Churches and other places of worship require
planning permission from the local planning
authority for external alterations and changes in
their use, irrespective of their denomination.
Extensions and changes in the external
appearance of the building are therefore
subject to the planning policies of the local
authority which, in turn, are directed by
government policy. If the building is also listed
or in a conservation area, the application for
planning permission will be assessed in the
light of specific guidance (see table opposite).
Listed places of worship
All buildings require alteration from time to
time, and historic churches are no exception.
Listing is designed to manage change not
to prevent it: being listed draws attention
to the special significance and quality of
a building or structure, and ensures that
those aspects are taken into account when
considering proposals for modifications
and repairs, re-ordering and extensions,
or even demolition and redevelopment.
Listings are made by government on the
advice of the statutory national body and are
graded as shown in the table below right.
The Church of England has the largest
estate of all the denominations with 13,000
listed churches, and almost 50 per cent of all
Grade I and Category A buildings are historic
churches, chapels or cathedrals, reflecting
the extraordinary quality of their art and
architecture and the large number of spectacular
medieval churches that have survived.
Listed building consent and
conservation area consent
All secular buildings and some places of worship
which are listed or in conservation areas require
special consents for specific types of work.
Listed building consent is required for the
demolition of a listed building or alterations
(
interior alterations as well as external ones)
which affect the building’s character as a listed
National body
Grades/categories (and proportion in each)
England
English Heritage
Grade I (2.5%)
Grade II* (5.5%)
Grade II (92%)
Scotland
Historic Scotland
Category A (8%)
Category B (50%)
Category C(s) (42%)
Wales
Cadw
Grade I (2%)
Grade II* (6%)
Grade II (92%)
Church, the Baptist Union of Great Britain
and the Baptist Union of Wales, Methodist
Church and the United Reformed Church.
For all these denominations the exemption
applies to church buildings, objects or structures
within the buildings or attached to the exterior
of a church or cathedral building, and any object
or structure within their curtilage constructed
before 1 July 1948. This term is not clearly
defined, but generally the boundary wall and
lychgate are always covered by the exemption,
as are monuments and memorials within
the churchyard, even if separately listed.
The churches and chapels of other
denominations (in England and Wales) are
not covered by the exemption, nor are the
places of worship of other religions, such
as synagogues and mosques. Other listed
buildings such as the residence of a member
of the clergy are also considered to be
separate from the place of worship, even if
mentioned in the same list entry, and are not
exempt. Full listed building or conservation
area controls apply in all these cases.
Where an application is proposed in
England and Wales, the exempt denominations
are required to advertise the proposals and
to consult the local planning authority,
building. Historic fabric within its ‘curtilage’
constructed prior to 1 July 1948 will also require
listed building consent for alteration in the
same way, so for example, monuments within
the churchyard would also be protected
Currently, conservation area consent is
required for the demolition of an unlisted
building in a conservation area. In England,
however, the need for CAC is likely to be replaced
by an identical need for planning permission
under the Enterprise and Regulatory Reform Bill.
Ecclesiastical exemption
Most places of worship and objects or structures
within their curtilage are exempt from secular
heritage protection controls, including:
•
listed building consent
•
conservation area consent
•
building preservation notices
•
compulsory acquisition of buildings in
need of repair
•
urgent preservation works.
In Scotland exemption is enjoyed by all
denominations, but in England and Wales the
exemption is limited to those denominations
that have an ‘approved system of control’.
These are: the Church of England, the
Church in Wales, the Roman Catholic
