From Mr Paul Velluet
Sir, - It is very rare to have to question the normally very
sound and sensible advice from the Revd Maggie Durran, but her
guidance (Gazette, 6 June) on the
need for Listed Building Consent for works to the outside of listed
churches and other listed buildings needs to be queried.
In brief, Listed Building Consent for works of alteration or
extension to the outside of a listed building is required only if
the building does not enjoy "ecclesiastical exemption" under the
Planning (Listed Buildings and Conservation Areas) Act 1990/The
Ecclesiastical Exemption Order 2010 - i.e., is not being used for
"ecclesiastical purposes", and is not subject to the control of the
Church of England (under the Faculty Jurisdiction Rules 2000) or
under the parallel provisions of the Roman Catholic Church, the
Methodist Church, the United Reformed Church, or the Baptist Union
of Great Britain, and only then if the works affect the character
of the building as a listed building.
Similarly and importantly, planning permission is not only
required for a material change-of-use of part or of all a building,
but also for any material change to the external appearance of the
building, whether listed or unlisted, or whether or not subject to
faculty control, except for development permitted under the General
Permitted Development Order, 1995, as subsequently amended.
Finally, the display of signs and signboards, on churches and in
churchyards, as indeed, on all other premises, is controlled by
local planning authorities under the Control of Advertisements
Regulations, 2007, as subsequently amended, rather than by normal
planning permission, as Ms Durran suggests.
Indeed, there is specific provision for the display of signs on
churches and other institutional buildings with "deemed consent"
under Schedule 3, Class 2c of the regulations, subject to specific
locational, dimensional, and other criteria. Such provision,
however, does not remove the installation and display signs on
Church of England churches and in churchyards from faculty
control.
PAUL VELLUET
9 Bridge Road
St Margaret's
Twickenham TW1 1RE
