The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994

Explanatory Note

(This note is not part of the Order)

Section 60(1) and (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) provides that ecclesiastical buildings which are for the time being used for ecclesiastical purposes are not subject to sections 3, 4, 7 to 9, 47, 54 and 59 of the Act. These relate to listed building control, including building preservation notices, restrictions on works of demolition, alteration or extension, compulsory acquisition of buildings in need of repair, urgent preservation works by a local authority, the Historic Buildings and Monuments Commission for England and the Secretary of State, and offences in relation to intentional damage. Section 75 of the Act provides that ecclesiastical buildings which are for the time being used for ecclesiastical purposes are not subject to section 74 of the Act which relates to the control of demolition of buildings in a conservation area. These exemptions are commonly collectively referred to as ecclesiastical exemption.

This Order removes the ecclesiastical exemption in respect of all ecclesiastical buildings other than those falling within article 4 or 6. Under article 4 the exemption is accordingly retained by ecclesiastical buildings of the Church of England, the Church in Wales, the Roman Catholic Church, the Methodist Church, the Baptist Union of Great Britain, the Baptist Union of Wales and the United Reformed Church provided their primary use is as a place of worship, together with associated objects and structures, and subject to the qualifications and restrictions set out in that article and in article 5. Article 6 provides that additional categories of ecclesiastical buildings which do not fall within article 4 also retain the ecclesiastical exemption.

The areas within the red line on the plans, referred to in article 5(2), are all within the precinct of an English cathedral curch and have been designated by the Secretary of State after consultation with the Cathedrals Fabric Commission for England. The relevant plan may be inspected during normal office hours at the offices of the local planning authority for the cathedral church in question. A complete set of the plans may also be inspected at the Department of National Heritage, 24 Cockspur Street, London SW1Y 5DH and the Cathedrals Fabric Commission for England, 83 London Wall, London EC2M 5NA.

Article 1(2) provides that the loss of ecclesiastical exemption shall not affect any works which have commenced, or in respect of which a contract has been made, before the Order comes into force.