Historic Churches 2023

BCD SPECIAL REPORT ON H ISTOR I C CHURCHE S 30th ANNUAL ED ITION 17 THE ECCLESIASTICAL EXEMPTION IN PRACTICE Nigel Walter W HERE ALTERATIONS are proposed to a listed building, which are likely to affect its special character, listed building consent is required. For most listed buildings, this is obtained by submitting a detailed application to the local authority planning department. However, almost all places of worship in the UK are exempt from these controls to some degree, depending on the work proposed and which home nation they are in. For anyone considering carrying out alterations to a listed church or chapel, understanding how the Ecclesiastical Exemption operates is therefore essential. This article aims to provide an overview of how the exemption works in practice within the broader landscape of UK conservation The Ecclesiastical Exemption is a parallel system of listed building consent within UK planning law that dates back over a century to the early days of heritage protection. Such an arrangement is unusual internationally and raises considerable interest among conservation colleagues from other jurisdictions. The exemption exists in different forms within the legislation of each of the four Although badly damaged in the Reformation, much of Wymondham Abbey, Norfolk remains in use as a parish church, so the alterations made in 2015 (designed by architects Freeland Rees Roberts) to extend the use of the building required a faculty from the diocese rather than listed building consent. Planning permission was also required from the local authority for the bold extensions on either side of the ruined tower. (All photos: Nigel Walter) STATUTORY INSTRUMENTS AND GUIDANCE DENOMINATIONS AFFECTED GENERAL EFFECTS ENGLAND The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010 The exemption is limited to the following denominations only: The Church of England The Roman Catholic Church The Methodist Church The Baptist Union of GB The United Reformed Church Listed places of worship belonging to these denominations are exempt from the requirement for listed building consent because they operate their own consent procedures which are accepted as being equivalent to those operated by local planning authorities. The consent of the church authority is required for all alterations to the listed building, including its interior, its exterior, its churchyard monuments, boundary walls and gates, and other features within its curtilage. The exemption is limited to listed building consent. Some works may therefore require other consents from the local authority such as planning permission or conservation area consent. WALES The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (Wales) Order 2018 Managing Change to Listed Places of Worship in Wales, Cadw, 2018 Baptist Unions of GB and Wales The Church in Wales The Church of England The Methodist Church The Roman Catholic Church. NORTHERN IRELAND The Planning Act (NI) 2011 Section 85(8) The exemption includes all denominations and all places of worship in Northern Ireland Section 85 of the Act states that listed building consent (LBC) is not required for ecclesiastical buildings which are being used for ecclesiastical purposes. Most church denominations operate their own internal system for reviewing and approving works. SCOTLAND The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Section 54 The exemption includes all denominations and all places of worship in Scotland As above, Section 54 of the Act states that LBC is not required for works to ecclesiastical buildings being used for ecclesiastical purposes. For external alterations, however, most churches have agreed to apply for LBC from the local authority under a voluntary arrangement.