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WARNING: The entire content of this Property Handbook has been prepared by members of PLATO. It has been carefully checked, but its accuracy cannot be guaranteed, neither at the date of preparation nor when viewed or printed. Accordingly, neither the members of PLATO nor the United Reformed Church can accept responsibility for the accuracy of the information the handbook contains.

 

Listed Buildings and Ecclesiastical Exemption

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Does this apply to you?

This section applies to you if your church or any part of your church property:

• is in England or Wales

• is listed or in a conservation area

Local authorities add buildings to the list from time to time; if your church or any part of it becomes listed, the local authority must inform you. Please tell the appropriate Synod officer and enclose a copy of the listing.

Abbreviations / terminology

‘The Procedure’ or ‘the URC Procedure’ means “The United Reformed Church and The Planning, Listed Building and Conservation Areas Act 1990, Procedure for Control of Works to Buildings” (March 1999 edition, although it is undated). The full text is available from your Property Committee Secretary or equivalent.
 

LBAC = Listed Building Advisory Committee (for more details see 2.13 of the URC Procedure)

PPC = Provincial or Synod Property Committee. The procedures refer to the Provincial Property Committee and its secretary. The forms and procedures may still refer to the PPC which should be understood to include Synod Property Committee or its equivalent in your Synod.

Consultative Bodies include English Heritage, the local planning authority and several others, which are listed in the URC Procedure.

Introduction TC \l3 "

The URC is one of the denominations which enjoys Ecclesiastical Exemption, which means that we have an approved system to allow the church to deal with matters which would otherwise require Listed Building Consent from the local authority. The system is still under review and it is important that we apply the system properly if we wish to retain the privilege of exemption from local authority control. Local authorities vary considerably in their understanding of church requirements and the URC has elected to retain its Ecclesiastical Exemption.
 

The complete legal statement of the URC Procedure was revised in 1999, following the initial review. Each Synod has its own LBAC, defined in 2.13 of the URC Procedure. Throughout the URC Procedure the terms “Provincial” and “Province” are used; these should now be understood as “Synod”, where appropriate.

Application and scope

Listed Buildings

If your church premises (church or hall ) are listed and you wish to carry out any alterations, internal or external, you must follow the URC procedure. Listing applies “by association” to buildings within the curtilage of the church, which generally means property within the same boundary, although the precise definition of curtilage is the subject of legal proceedings.
 

Your church site may also include a manse, or have walls, gates or railings, any of which might be separately listed. Ecclesiastical exemption does not apply to these if they are separately listed; if you wish to make alterations to such items you will have to apply to your local planning authority.
 

Unlisted premises in Conservation Areas

If your church is unlisted but within a conservation area the present advice is that the URC Procedure will apply only where:

• the building is to be substantially but not totally demolished, or

• a curtilage building, object or structure is to be totally demolished but the main building continues to be used for worship

General Considerations

You should have a copy of the listing particulars, which state the grade of listing and the main features. Please ensure that your Property Committee secretary and the LBAC secretary have copies. Your local planning authority should be able to supply a copy, but usually charge for this. You may be able to obtain a copy from the Department of Culture Media and Sport (listing branch).

Repairs

Although “like for like” repairs will not normally need LBAC approval, you must ensure that the correct materials are being used. Many of our older buildings have suffered from the use of incorrect materials, which can easily worsen problems such as damp penetration. Your LBAC convenor may be able to give you some advice about the necessity for seeking approval. In some cases (Grade II* and above) grants may be available from English Heritage, in which case a very detailed specification of the works will be required.

Procedure

The Synod LBACs generally recommend that you discuss your proposals with them at an early stage. This may save wasted applications and you may be told that work is sufficiently minor not to need consent.
 

If the LBAC route is required, a series of forms are used, adapted slightly for each Synod. You need to apply on Form 1, available from your Synod Property Committee secretary or equivalent. Form 1 has three parts for you to provide sufficient detail of your proposals.

 

The normal sequence of events is straightforward:

• Having obtained Church Meeting and District Council (and, in some cases, Synod) approval for your scheme, apply on Form 1 to both the LBAC and the PPC secretary, with all the requested supporting documents. If you do not supply all the necessary information you simply make extra work for yourself and other people and create delay. Find out from your PPC secretary the number of copies your LBAC requires. (See 5.1 of the URC Procedure)
   

• If external works are involved, check with the local planning authority if planning permission is required. You may have to explain to them that Ecclesiastical Exemption applies so that you do not have to submit a Listed Building application to them. Some alterations (internal or external) may need Building Regulations approval.
   

• The LBAC secretary will inform you and the PPC secretary, using Form 2 (in version A, B or C) of their advice, and will supply a copy of Form 6 if necessary. The LBAC should respond within 10 weeks. Form 6 is required only if the LBAC have placed what they regard as significant conditions on the works.
   

• If Form 6 was supplied, you should complete it, and return it to the PPC Secretary within 6 months. Completion is simple if the LBAC have no comments on your proposal, or if you are complying with all the LBAC conditions. The PPC Secretary will distribute it to the relevant Consultative bodies and the LBAC, who have twenty eight days for further comment.
   

• The PPC will make its decision based on the LBAC advice and your Form 6, if appropriate. The PPC secretary will issue the appropriate version of Form 3 to you and the consultative bodies.
   

• In the case of unqualified approval, the PPC secretary will also issue Form 4, for you to return on completion of the works.

If the LBAC or the PPC decline to support the proposal, you should have received advice on your options

• You may be advised how to change the proposals to overcome the objections.

• You may decide to carry out only part of the originally planned works.

• You may appeal.

For the first two options you need to complete Form 6 and return it with appropriate details to the PPC Secretary.

The procedure for appeal is indicated on Form 3 and indicates the appropriate sections in the URC Manual.