Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994

JurisdictionUK Non-devolved
CitationSI 1994/1771

1994 No. 1771

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

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

Made 30th June 1994

Laid before Parliament 15th July 1994

Coming into force 1st October 1994

The Secretary of State for National Heritage, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 60(5) and (6), 75(7) and (8) and 93(6) of the Planning (Listed Buildings and Conservation Areas) Act 19901, hereby make the following Order:

S-1 Citation, commencement and supplementary provision

Citation, commencement and supplementary provision

1.—(1) This Order may be cited as the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 and shall come into force on 1st October 1994.

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

S-2 Interpretation

Interpretation

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

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

“building” means an ecclesiastical building which is for the time being used for ecclesiastical purposes;

“church building” means a building whose primary use is as a place of worship;

“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 19902;

“the Methodist Church” means the Methodist Church as defined in section 2(1) of the Methodist Church Act 19763;

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

(2) Unless the context otherwise requires any reference in this Order to—

(a)

(a) a numbered article or Schedule is a reference to the article of or Schedule to this Order so numbered; and

(b)

(b) a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.

S-3 Exclusion or restriction of ecclesiastical exemption

Exclusion or restriction of ecclesiastical exemption

3.—(1) Ecclesiastical exemption is excluded in respect of all buildings other than those falling within article 4 or 6.

(2) For buildings falling within article 4, ecclesiastical exemption is restricted to the extent set out in article 5.

S-4 Buildings retaining ecclesiastical exemption

Buildings retaining ecclesiastical exemption

4. Ecclesiastical exemption is retained for—

(a) buildings within the faculty jurisdiction of the Church of England;

(b) buildings subject to the Measure;

(c) buildings of the Church in Wales vested in the Representative Body of the Church in Wales or any other representative body under section 13(2) of the Welsh Church Act 19144;

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

(e) 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;

(f) buildings held in trust for a Church in membership with the Baptist Union of Great Britain or the Baptist Union of Wales by one of the trust corporations set out in Schedule 1 (whether alone or jointly with another person or persons); and

(g) buildings situated within one of the Provinces of the United Reformed Church set out in Schedule 2 held on the trusts set out in Part I of Schedule 2 to the United Reformed Church Act 19725or Part I of Schedule 2 to the United Reformed Church Act 19816.

S-5 Extent of ecclesiastical exemption

Extent of ecclesiastical exemption

5.—(1) Subject to paragraphs (3)

and (5), ecclesiastical exemption for buildings falling within article 4 is restricted, except in the case of buildings subject to the Measure, to—

(a)

(a) any church building;

(b)

(b) any object or structure within a church building;

(c)

(c) any object or structure fixed to the exterior of a church building; and

(d)

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

(2) In the case of buildings subject to the Measure, ecclesiastical exemption is restricted to—

(a)

(a) any building, object or structure within the precinct of a cathedral church for the purposes of the Measure and enclosed within 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;

(b)

(b) any church building, within the precinct of a cathedral church for the purposes of the Measure, which does not fall within sub-paragraph (a) above, and any object or structure within that church building, but excluding—

(i) any object or structure fixed to the exterior of that church building, and

(ii) any object or structure within the curtilage of that church building which...

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