The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010

• Citation: S.I. 2010/1176
• Sections: 8

Section 1 Citation, commencement, application and supplementary provision

(1) This Order may be cited as The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010 and shall come into force on 1st October 2010.

(2) This Order applies to buildings situated in England only.

(3) Nothing in this Order shall operate to require listed building consent or conservation area consent for works commenced or in respect of which a contract has been made before this Order comes into force.

Section 2 Revocation

The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 is revoked in respect of England only.

Section 3 Interpretation

(1) In this Order, unless the context otherwise requires—

“ the Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990;

“church building” means a building whose primary use is as a place of worship, and for the purposes of this Order—

any object or structure fixed to that building, and

any object or structure within the curtilage of that building which, although not fixed to that building forms part of the land

shall be treated as part of the church building;

“the ecclesiastical exemption” means the exemption of buildings from the provisions of sections 3, 4, 7 to 9, 47, 54, 59 and 74 of the Act by virtue of sections 60(1) and 75(1)(b) of the Act;

“ the Measure ” means the Care of Cathedrals Measure 1990 ;

“the Methodist Church” means the Methodist Church as defined in section 2(1) of the Methodist Church Act 1976 ;

“monument” includes a tomb, gravestone or other memorial and any kerb or setting forming part thereof;

“the red line” means the red line shown on the plan relating to that cathedral church entitled “Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994”, signed by an Assistant Secretary in the Department of National Heritage, dated 21st June 1994 and deposited with the local planning authority.

(2) A reference to a “building” in article 7 and article 8 includes a reference to —

(a) any object or structure fixed to that building, and

(b) any object or structure within the curtilage of that building which, although not fixed to that building forms part of the land.

(3) This Order only applies to a building which is an ecclesiastical building which is for the time being used for ecclesiastical purposes.

Section 4 Exclusion or restriction of ecclesiastical exemption

The ecclesiastical exemption is excluded in respect of all buildings other than those falling within article 5, 6, 7 or 8.

Section 5 Buildings within the faculty jurisdiction

The ecclesiastical exemption is retained for church buildings within the faculty jurisdiction of the Church of England.

Section 6 Buildings within the Care of Cathedrals Measure 1990

The ecclesiastical exemption is retained for the following buildings subject to the Measure—

(a) any building within the precinct of a cathedral church for the purposes of the Measure and enclosed within the red line;

(b) any church building within the precinct of a cathedral church for the purposes of the Measure and situated outside the red line;

(c) any monument —

(i) within the precinct of a cathedral church for the purposes of the Measure and situated outside the red line; and

(ii) situated in a churchyard, graveyard or other land which is or has been used for the purposes of burial.

Section 7 Other ecclesiastical buildings

(1) The ecclesiastical exemption is retained for buildings in the following categories, but is restricted to the extent set out in paragraph (2)—

(a) church buildings—

(i) held in trust by the diocesan trustees of a diocese of the Roman Catholic Church; or

(ii) used for worship according to the rites, doctrinal standards, principles or usages of the Roman Catholic Church;

(b) church buildings owned by or held in trust for or for the purposes of the Methodist Church or any connexional or local organisation of the Methodist Church;

(c) church buildings held in trust for a church in membership with the Baptist Union of Great Britain or the Baptist Union of Wales (whether alone or jointly with another person) by a trust corporation referred to in Schedule 1;

(d) church buildings owned by or held in trust for the purposes of the United Reformed Church which are situated within one of the Provinces set out in Schedule 2 and held on the trusts set out in Part I of Schedule 2 to the United Reformed Church Act 1972 or Part I of Schedule 2 to the United Reformed Church Act 1981 ;

(e) church buildings on any premises forming part of one of the educational institutions referred to in Schedule 3.

(2) The exemption under this article from the provisions of sections 7 to 9, 59 and 74 of the Act (works to listed buildings and unlisted buildings in conservation areas) is restricted—

(a) to works carried out by or on behalf of a church or body, or constituent part of a church or body referred to in those paragraphs; or

(b) where the building is on any premises forming part of a university, college, school, hospital or public or charitable institution, to works carried out on behalf of the governing body or the trustees of that institution.

Section 8 Special cases

(1) The ecclesiastical exemption is retained for buildings to which this article applies which do not fall within article 5, 6 or 7.

(2) This article applies to—

(a) buildings within the jurisdiction of the Fabric Advisory Committee of St George’s Chapel, Windsor Castle;

(b) buildings within the jurisdiction of the Fabric Commission of Westminster Abbey;

(c) buildings within the jurisdiction of the Fabric Advisory Committee of Christ Church Cathedral, Oxford; and

(d) buildings used for worship according to the rites, doctrinal standards, principles or usages of the Church of Scotland.