BCD Special Report on
Historic Churches
19
th annual edition
27
relevant national amenity societies and the
statutory national body (English Heritage
or Cadw). The decision-making body of
the denomination is required to take their
representations into account. Furthermore,
it has ‘a specific duty to take into account,
along with other factors, the desirability of
preserving ecclesiastical listed buildings, the
importance of protecting features of special
historic, archaeological or architectural interest
and any impact on the setting of the church’.
As the document
New Design Work
in Historic Places of Worship
explains,
English Heritage considers that new work
in historic places of worship should:
1.
be based on an understanding of the cultural
and heritage significance of the building
2.
minimise harm to the special historic,
archaeological, architectural and artistic
interest of the building, its contents and
setting
3.
bring with it public benefits, such as
securing the long-term use of the building,
which outweigh any harm to significance
4.
achieve high standards of design,
craftsmanship and materials.
Historic Scotland’s Scheme to
Apply Listed Building Control
to Exteriors of Churches
in Ecclesiastical Use
Ecclesiastical buildings which are used for
ecclesiastical purposes are exempt from listed
building controls under section 54 of the
Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997
.
However, under a
voluntary scheme run by Historic Scotland,
reviewed every three years, listed building
control is now applied to the exteriors of the
churches of the participating denominations.
These are the 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
(
formerly Scottish Congregational Church).
These denominations are now required
to submit proposals affecting the exterior of
an ecclesiastical building to the local authority
where the work would require listed building
consent, were it not for the exemption. These
applications are then considered in the usual
way, and Historic Scotland is consulted where
a Category A or B listed building is concerned.
If the authorities cannot agree to a proposal
and the applicant still wishes to proceed, the
proposal is passed by the local authority to the
denomination’s own ‘Decision-Making Body’.
Under the scheme, the DMB is expected to
adhere to the guidance contained within the
Memorandum of Guidance on Listed Buildings
and Conservation Areas, (Historic Scotland
1997)
and take into consideration any comments
made by the Historic Scotland Inspectorate, the
planning authorities and other parties.
The new planning
policy for England
Statutory guidance is given by central
government to local planning authorities to
clarify the requirements imposed by primary
legislation. For example, both the
Planning
(
Listed Buildings and Conservation Areas) Act
1990
and its equivalent in Scotland state that
‘
no person shall execute or cause to be executed
any works for the demolition of a listed building
or for its alteration or extension in any manner
which would affect its character as a building of
special architectural or historic interest, unless
the works are authorised’. However, neither
act defines this ‘character’ further, nor how it
should be assessed by the planning authority and
protected. Guidance is required. In Scotland this
is given by the
Memorandum of Guidance.
In
England and Wales it is given by planning policy.
The National Planning Policy Framework
(
NPPF), introduced in March 2012, replaced
all previous planning guidance in England,
including
Planning Policy Statement 5: Planning
for the Historic Environment
(
PPS5). The
new NPPF includes just three pages of policy
specific to the conservation of the historic
environment, compared to 11 pages in PPS5,
and 55 in the earlier policy document
Planning
Policy Guidance 15: Planning and the Historic
Environment
(
PPG15). However, the Practice
Guide which accompanied PPS5 has survived
and, in the words of the June 2012 revision note
which now prefaces the document: “The PPS5
Practice Guide remains a valid and Government
endorsed document pending the results of a
review of guidance supporting national planning
policy… [it] remains almost entirely relevant
and useful in the application of the NPPF”.
The key concepts outlined in PPS5 have
generally survived and government policy has
remained largely unchanged. However, there is
minimal guidance on the interpretation of the
key concepts, and some significant omissions,
hence the relevance of the Practice Guide.
The bulk of the guidance specific to the
protection of listed buildings and conservation
areas is contained in section 12, ‘Conserving and
Enhancing the Historic Environment’. Instead
of the term ‘character’ referred to in the Act,
the NPPF uses the term ‘significance’. Paragraph
128
gives guidance on its assessment, requiring
an applicant to describe ‘the significance
of any heritage assets affected, including
any contribution made by their setting. The
level of detail should be proportionate to
the assets’ importance and no more than is
sufficient to understand the potential impact
of the proposal on their significance’.
Subsequent paragraphs define how the
local authority should consider the significance
when assessing an application which affects
a listed building (or ‘designated heritage
asset’). For example, paragraph 132 states
‘
When considering the impact of a proposed
development on the significance of a designated
heritage asset, great weight should be given to
the asset’s conservation. The more important
the asset, the greater the weight should be’.
In this way the requirements of the
Planning
(
Listed Buildings and Conservation Areas) Act
1990
are explored and some aspects clarified,
but updated government guidance is essential.
The NPPF policies relating to the historic
environment are relevant to all proposals
affecting historic buildings, not just those
that are listed or in conservation areas.
A good understanding of this document
is essential for all planning applications,
and its policies are likely to be observed
closely by the church authorities too.
Further changes ahead
The Department for Culture, Media and Sport is
currently consulting on proposals to reduce both
the circumstances in which LBC is required and
the level of information applicants are required
to submit in England. The Welsh Government
is currently undertaking a scoping exercise of
the historic environment of Wales to help shape
the future policy for the heritage protection
framework for Wales. This in turn will influence
the context of a Heritage Protection Bill for
Wales which is due to be introduced in 2014–15.
The Author:
this article was prepared with the
help of Charles Mynors, English Heritage, Cadw
and Historic Scotland by Jonathan Taylor MSc
IHBC, who is joint editor of
Historic Churches
.
Primary legislation
Government guidance
England
Town & Country Planning Act 1990
Planning (Listed Buildings and
Conservation Areas) Act 1990
National Planning Policy Framework 2012
Wales
Planning Policy Wales (Edition 4, February 2011)
Circulars 61/96 and 1/98, Planning
and the Historic Environment
Scotland
Town & Country Planning (Scotland) Act 1997
Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997
Memorandum of Guidance on Listed Buildings
and Conservation Areas (Historic Scotland 1997)
Parishioners are responsible for the most
extraordinary treasures, from fine medieval
carvings (left, at Broadhembury, Devon) to Arts &
Crafts fittings and finishes (above, at St Germans,
Cardiff). It is important that the planning system is
correctly understood as a mechanism for supporting
conservation and managing change.
