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THE UNITED REFORMED CHURCH and THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 PROCEDURE FOR CONTROL OF WORKS TO BUILDINGS 2007 EDITION
THE UNITED REFORMED CHURCH and THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990
PROCEDURE FOR CONTROL OF WORKS TO BUILDINGS
1. General Principle
Any person or body carrying out functions of care and conservation under this Statement of Procedure or under any other enactment or rule of law relating to Churches shall have due regard to the role of a Local Church as hereinafter defined as a local centre of worship and mission and also to the United Reformed Church Acts as hereinafter defined with regard to the functions and authority of the local church and the * Synod as hereinafter defined with regard to Church Buildings.
2. Definitions
2.1 “The Order” means the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 (SI 1994 No 1771).
2.2 “The Church” means the United Reformed Church referred to in Article 4(g) of the Order.
2.3 “Church Building” means a building (situated in England or Wales) whose primary use is as a place of worship.
2.4 “Listed Building” means a building held upon trusts appertaining to the Church being a listed building as defined by Section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and for the purposes of this Statement of Procedure shall include an unlisted building held on such trusts in a Conservation Area as defined by Section 69 of such Act.
2.5 “Works” means any works and proposed works to which this Statement of Procedure applies in accordance with Paragraph 4.
2.6 “The United Reformed Church Acts” mean the United Reformed Church Acts 1972, 1981 and 2000 and any statutory modification variation or re-enactment thereof and any future United Reformed Church Acts which may from time to time be enacted.
2.7 “Local Church” means a local church of the Church as described in Paragraph 1(1) of the document entitled “The Structure of the United Reformed Church” which appears at Section B of the Church’s Manual.
2.8 “Synod” means the representative body of the Local Churches in that Province (or in the nation of Wales) as described in Paragraph 2(4) of the Structure of the United Reformed Church.
2.9 “Resolution of its Synod” means a Resolution of the Plenary Meeting of the Synod of which due Notice has been given to the members thereof in accordance with the rules of Synod procedure for the time being in force.
2.10 “Applicants” means any Local Church or the Trustees of that Local Church or Other Body of the Church applying or intending to apply for consent to carry out any works on or in a Listed Building.
2.11 “Listed Buildings Advisory Committee (L.B.A.C.)” means in relation to each Synod the Advisory Committee constituted in accordance with the First Schedule for the purpose of advising the S.P.C. as to Works and Proposed Works under this Statement of Procedure.
2.12 “Synod Property Committee (S.P.C.) means in relation to each Synod the Committee which is authorised by the Synod to act as the decision making body for the purposes of Paragraph 7.
2.13 “Consultative Bodies” mean those bodies listed in the Second Schedule hereto.
2.14 “This Statement of Procedure” means the Statement of Procedure for control of works to Listed Buildings comprised in this document (and includes any subsequent variation thereof made in accordance with Paragraph 3).
2.15 “Form 1”, “Form 2”, “Form 3”, “Form 4”, “Form 5” and “Form 6” mean the Model Forms set out in the Third Schedule.
2.16 “Other Body” means any body other than a Local Church being in any particular circumstances the proper party to comply with the procedure laid down in this Statement of Procedure.
2.17 “Unauthorised Works” means any Works which are carried out in whole or in part without the consent of the S.P.C. having been granted in accordance with the procedures laid down in this Statement of Procedure.
2.18 “Form 6 Notice” means a Notice endorsed on Form 2 under the procedures contained in Paragraphs 6.1.
3. Application of the Order and Adoption of these Procedures
In respect of Listed Buildings within the geographical area of each Synod, the method of applying the Order to such Buildings and of adopting the Procedures contained in this Statement of Procedure (and in any subsequent variations thereof) and of subsequently withdrawing therefrom shall be by Resolution of that Synod.
4. Scope of these Procedures
The procedures contained in this Statement of Procedure shall apply to any works in respect of which, but for the exempting provisions of the Order, Listed Building Consent or Conservation Area Consent would be required under the Planning (Listed Buildings and Conservation Areas) Act 1990, being works proposed to be carried out to any of the following buildings, objects and structures:
4.1 Any Church Building
4.2 Any object or structure contained within or forming part of a Church Building
4.3 Any object or structure fixed to the exterior of a Church Building unless the object or structure is itself a Listed Building and
4.4 Any object or structure within the curtilage of a Church Building which, although not fixed to that building, forms part of the land unless the object or structure is itself a Listed Building.
4.5 Any building or part of a building (known as a Peculiar) falling within Article 6 of the Order (or any subsequent re-enactment or replacement thereof), the governing body of which has by resolution determined that that Peculiar shall remain within the scope of the Order and of this Statement of Procedure.
5. Lodging and Processing of the Application
5.1 In order to apply for consent for the carrying out of any Works under this Statement of Procedure, the Applicants shall:
5.1.1 Submit to the Secretary of the S.P.C. a completed application form in Form 1 and
5.1.2 At the same time deliver to the Secretary of the L.B.A.C. a copy of the completed application form, together with copies of all necessary designs, photographs, reports and documents giving particulars of the proposed Works and
5.1.3 If so requested, deliver to the Secretary of the L.B.A.C. such further copies of the documents specified in Paragraph 5.1.2 and such supplementary information as L.B.A.C. may require and
5.1.4 Allow full facilities for site inspection and discussion in relation to the Listed Building by the members of the L.B.A.C. or the S.P.C. and others on their instructions or by representatives of any of the Consultative Bodies at their request.
5.2 The L.B.A.C. will then (except in the case of emergency) take the following steps:
5.2.1 Send a copy of Form 1 with accompanying documents to the Consultative Bodies named in Part I of the Second Schedule insofar as they are required, allowing them and the Consultative Bodies named in Part II of the Second Schedule twenty eight days in which to comment on the Proposed Works.
5.2.2 Require the Applicants to display for a twenty eight day period outside the Listed Building in a prominent position visible to the general public a Notice describing the Proposed Works indicating where all relevant designs, photographs, plans, reports and documents relating thereto may be inspected and inviting comments from any interested persons.
5.2.3 In cases involving Grade I and Grade II* Listed Buildings and Proposed Works to exteriors of Grade II Listed Buildings, cause to be published a similar Notice in a local newspaper circulating in the locality in which the Listed Building is situated.
5.2.4 Consider any comments made by the Consultative Bodies and any other person in relation to the Works.
5.2.5 Consult with the Applicants and their professional advisers and all others who in the opinion of the L.B.A.C. may assist them.
5.3 The L.B.A.C. (or representatives thereof) shall normally inspect the Listed Building.
5.4 Having followed the procedure prescribed in Paragraphs 5.2 and 5.3 and always having regard to the General Principle enunciated in Paragraph 1, the L.B.A.C. shall within 10 weeks (or such longer period as may be agreed with the Applicants) from the date of receipt of Form 1 and supporting documentation from the Applicants supply to the Secretary of the S.P.C. the following documents:
5.4.1 A completed Certificate in Form 2, setting out the L.B.A.C.’s advice to S.P.C. on the Works.
5.4.2 Copies of the designs, photographs, plan, reports and documents referred to in Paragraph 5.1, all duly endorsed with the date of the Certificate on Form 2 and the nature of the recommendation of the L.B.A.C.
5.4.3 A statement specifying all the steps taken to comply with the consultative procedures prescribed in Paragraphs 5.2 and 5.3, with copies of all representations, correspondence and other documents relating to such consultation.
5.5 The L.B.A.C. shall also send to the Secretary of the a copy of the completed Certificate on Form 2.
5.6 The L.B.A.C. shall retain copies of the documents which they deliver to the S.P.C. in accordance with Paragraph 5.4.
5.7 In the event of the L.B.A.C. failing to comply with the provisions of Paragraph 5.4 within the time specified or agreed under that Paragraph, the Applicants shall be entitled to refer the matter to the S.P.C. who shall forthwith investigate the reasons for the delay and take such steps as are appropriate to ensure that the procedures laid down in Paragraphs 5.2 to 5.4 are concluded as quickly as possible.
5.8 Nothing in this Statement of Procedure shall prevent the S.P.C. from giving consideration to any application in pursuance of its general responsibilities, even before the L.B.A.C. shall have supplied to the Secretary of the S.P.C. the completed Certificate in Form 2 and accompanying documentation.
5.9.1 Should the Certificate in Form 2 state that the L.B.A.C. does not support the carrying out of the proposed Works either in whole or in part and/or contain conditions which will entail significant revisions of the plans, specifications, materials and other aspects of the proposed Works from those shown in the application on Form 1, then the provisions of Paragraph 6 shall apply.
5.9.2 Should the Certificate in Form 2 contain no such statement or conditions as are envisaged in Paragraph 5.9.1, the provisions of Paragraph 6 shall not apply and the procedure shall move directly to Paragraph 7.
6. Procedure where Applicants are given the opportunity to review their Application
6.1.1 Any Certificate in Form 2 given by the L.B.A.C. which falls within Paragraph 5.9.1 shall also include a Notice to the Applicants requiring them within six months (or such longer time as shall have been specified in such Notice) to inform the Secretary of the S.P.C. on Form 6 as to whether, in the light of the comments expressed by the L.B.A.C. on Form 2, the Applicants still wish to proceed with the Application and, if so, to lodge with Form 6 the appropriate supporting documentation.
6.1.2 Pending such confirmation, the S.P.C. will normally hold matters in abeyance and take no steps to process the Application further, subject to any overriding consideration under Paragraph 5.8.
6.2 If the Applicants do not within the period specified in Paragraph 6.1.1 supply to the Secretary of the S.P.C. a completed Form 6 confirming their intention to proceed, the Application shall automatically lapse unless an extension of time is granted in writing by the Secretary of the S.P.C.
6.3 If the Applicants wish their application to proceed, they shall within the period specified in Paragraph 6.1.1 supply to the Secretary of the S.P.C. a completed Form 6 confirming their intention to proceed, together with any appropriate supporting documentation.
6.4 In any case to which Paragraph 6.3 applies, the Secretary of the S.P.C. shall forthwith on receipt of Form 6:
6.4.1 Supply to the Consultative Bodies named in Part I of the Second Schedule copies of the Certificate in Form 2 and of Form 6 and all documentation relating to such revisions, allowing them and any of the Consultative Bodies named in Part II of the said Schedule who submitted comments in response to the application on Form I and its accompanying documents twenty eight days in which to comment on the Proposed Works in the light of any such conditions and any proposed revision.
6.4.2 Supply to the L.B.A.C. copies of the documentation referred to in Paragraph 6.4.1, allowing that committee a similar period for its comments.
7. Consideration of and decision upon the Application by S.P.C.
7.1 When the procedures outlined in Paragraph 5 and (if applicable) Paragraph 6 have been concluded, the S.P.C. shall consider the Application, the Certificate in Form 2, the Applicants’ Form 6 (if applicable) and all accompanying documentation and may also consider any further comments and representations from the Applicants and the Consultative Bodies and any further advice from L.B.A.C. and may consult further as they consider appropriate and may themselves inspect the Listed Building which is the subject of the Application.
7.2 Having duly considered the Application, the S.P.C. shall, as soon as conveniently possible and in any event no later than three months from the date of receipt by the S.P.C. of the completed Certificate in Form 2 from the L.B.A.C. or, if Form 2 contains a Form 6 Notice, from the date of receipt by the S.P.C. of the completed Form 6 and accompanying documentation from the Applicants (or in either event within such longer period as shall be agreed with the Applicants), reach a decision upon the Application as follows:
7.2.1 To approve the Application in its entirety or as to part of the Works only and either conditionally or unconditionally or
7.2.2 To reject the Application.
7.3 In reaching its decision, the S.P.C. shall in particular take the following into account:
7.3.1 The general principle enunciated in Paragraph 1.
7.3.2 Developments in liturgical practice and styles of worship.
7.3.3 The desirability of preserving historic church buildings and the importance of protecting features or architectural merit and historic interest.
7.3.4 Comments made by the Consultative Bodies.
7.3.5 The recommendations and advice of the L.B.A.C.
7.4 The Decision Notice on Form 3 shall:
7.4.1 State the maximum period of time which may elapse under any approval so granted before the commencement of the Works, which in any case shall not exceed the period of five years from the date of Form 3.
7.4.2 State that the Applicants have a right of appeal against the decision of the S.P.C. in accordance with Paragraph 9 and the Fourth Schedule to this Statement of Procedure.
7.5 The S.P.C. shall serve notice of its decision upon the Applicants by copies of Form 3 sent to their Minister or other authorised signatory of Form 1.
7.6 Copies of the Notice shall also be sent by the S.P.C. to the L.B.A.C., the local Planning Authority and the other Part I Consultative Bodies and, for information only, in case of demolition or alteration which will entail the loss of significant evidence of structural history or materially affect the special architectural or historic interest of the Listed Building, the Royal Commission on the Historical Monuments of England (or the Royal Commission on Ancient and Historical Monuments in Wales where relevant).
7.7 The Applicants shall, on completion of the Works, serve on the Secretary of the S.P.C. a Notice in Form 4, (countersigned where appropriate by the Architect or other professional adviser of the Applicants) confirming that the Works have been carried out in accordance with (i) the approved designs, photographs, plans and specifications and (ii) such conditions as shall have been attached to the notice of the S.P.C.’s decision on Form 3.
8. Unauthorised Works
8.1 In the event of the carrying out of any Unauthorised Works on a Listed Building, the S.P.C. shall serve notice in Form 5 upon the Local Church or Other Body.
8.2 So long as the Local Church or Other Body shall on or before receipt of such Notice immediately desist from the carrying out of the Unauthorised Works and shall not re-commence them such Local Church or Other Body shall within fourteen days of the receipt of the Notice in Form 5 instigate the procedure set out in Paragraph 5.1 and the matter shall thereupon proceed in accordance with Paragraphs 5, 6 and 7, save only where these are inconsistent with this present Paragraph 8.
8.3 Provided that the Local Church or Other Body shall comply strictly with the provisions of Paragraph 8.2 the demand for restoration of the Listed Building contained in Form 5 shall remain in abeyance pending the decision of the S.P.C. on the application.
8.4 In the event of the failure by the Local Church or Other Body to comply strictly with Paragraph 8.2 or if and when the S.P.C. gives notice to the Local Church or Other Body of refusal of the Application in Form 3 in accordance with Paragraph 7.2.2 or of partial and/or conditional approval thereof in accordance with Paragraph 7.2.1, the demand for restoration contained in the said Notice shall have immediate effect.
8.5 In the event of failure by the Local Church or Other Body to comply strictly with any of the requirements set out in this present Paragraph 8, the S.P.C. may report such failure to the Secretary of State for Culture Media and Sport (or any successor of his/hers with regard to matters relating to Ecclesiastical Exemption) (or the Secretary of State for Wales as the case may be), who may withdraw the Ecclesiastical Exemption in respect of the Listed Building concerned which would in future render the Local Church or Other Body liable to secular control.
9. Appeals
The Applicants have a right of appeal against the decision of the Synod Property Committee and the procedure for the regulation and conduct of any such appeal is set out in the Fourth Schedule.
10. Responsibilities of Synods
10.1 Synods shall keep records concerning Works (such records to be available to the public by prior arrangement during reasonable hours) sufficient to show:
10.1.1 Compliance with the procedures contained in this Statement of Procedure.
10.1.2 Whether comments were made by any of the Consultative Bodies.
10.1.3 The decision upon each application and what account was taken of any comments made by any of the Consultative Bodies.
10.2 Synods shall make such monitoring arrangements as they consider suitable to ensure that Works are carried out in full accordance with the terms of the S.P.C. Consent on Form 3 and they shall take such action as may be appropriate (if necessary including the service of a Notice in Form 5) to ensure due compliance.
10.3 Synods shall make provision for appropriate professional advice as to Listed Buildings and for inspections thereof on a fixed cycle of not more than five years.
10.4 If the Church meeting of a Local Church (or the Synod in the event that the Local Church has ceased to exist) or, in the case of a Peculiar, the governing body thereof passes a resolution that a Church Building or a Peculiar as the case may be is to cease to be used for worship or is to be closed, the date of such cessation or closure shall be the date so specified in the Resolution. In the absence of any such Resolution the date of such cessation or closure shall be as declared by Resolution of the S.P.C.
10.5 Synods shall notify the Local Planning Authority if a Church Building or a Peculiar, being also a Listed Building, ceases to be used for worship or is closed for all purposes.
THE FIRST SCHEDULE
CONSTITUTION OF THE LISTED BUILDING ADVISORY COMMITTEE
The L.B.A.C. shall be appointed by the Synod and shall consist of a Convener and Secretary appointed from Church members, together with at least four other persons not necessarily members of the Church itself having between them:
1. Knowledge of history, development and use of Church Buildings
2. Knowledge of the liturgy and worship of the United Reformed Church and of its antecedents and of the role of the Local Church as a local centre of worship and mission.
3. Knowledge of church architecture and history
4. Experience of the care of historic church buildings and their contents
One such member shall be appointed after consultation with English Heritage (with CADW in the case of the Synod of Wales), one after consultation with the relevant associations of Local Authorities and one after consultation with the remaining bodies named in the Second Schedule.
THE SECOND SCHEDULE
THE CONSULTATIVE BODIES
PART I
The Local Planning Authority English Heritage/CADW The Ancient Monuments Society The Georgian Group The Victorian Society
PART II
The Council for British Archaeology The Society for the Protection of Ancient Buildings The Twentieth Century Society
THE THIRD SCHEDULE
CERTIFICATES AND FORMS
To save space, the certificates and forms applicable under this procedure have not been reprinted on the website. They are, however, available from Synod offices or from the Synod LBAC officers.
THE FOURTH SCHEDULE
APPEALS PROCEDURE
To save space, the detailed appeals procedure contained in this Schedule has not been reprinted on the website. A complete version setting out the Fourth Schedule in full is lodged at Church House and is also available from Synod offices or from the Synod LBAC officers.
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