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<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff size=2>I'm a
planner, rather than a lawyer; but I think the short answer to Chris
Frye's question about the Great Malvern case is yes, the same rules apply to
faculty applications as to applications for Listed Building Consent.
</FONT></SPAN></DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2></FONT></SPAN> </DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2>Ecclesiastical exemption is regarded as a privilege, not a right.
Its</FONT></SPAN><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2> purpose is not to let places of worship off
the controls that apply generally to the care of listed
buildings. It is to avoid their having to go through the same procedure
twice. Since the Church of England has a faculty system in place to
control alterations to its churches, it is trusted to look after
them.</FONT></SPAN></DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2></FONT></SPAN> </DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2>Planning and Listed Building law is not contained in Acts
of Parliament alone. It is operated with the aid of a
series of circulars and advice notes. The principles which apply here are
set out in the central government advice note PPG15 (Planning Policy Guidance:
Planning and the Historic Environment) which can be found on line
at:</FONT></SPAN></DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2></FONT></SPAN> </DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff size=2><A
href="http://www.communities.gov.uk/documents/planningandbuilding/pdf/142838.pdf">http://www.communities.gov.uk/documents/planningandbuilding/pdf/142838.pdf</A></FONT></SPAN></DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2></FONT></SPAN> </DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2>Section 8 of PPG15 deals with ecclesiastic exemption. Among other
things it sets out the standards, including a Code of Practice, which
churches wishing to operate their own system of control are expected to
meet. At present those benefitting from ecclesiastical exemption are 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. Other denominations and religions do not at
present benefit but it is open to them to apply if they wish. There is
scope for this as there are various Quaker meeting houses, synagogues
and mosques on the statutory list.</FONT></SPAN></DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2></FONT></SPAN> </DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2>Paragraph 8.12 does refer to the need to relate decision involving
churches to the operational needs of the congregation. This is to make
sure that the building remains viable as a place of worship. It's
usually seen as referring to issues involving the retention of pews and
altar rails. A</FONT></SPAN><SPAN class=875354220-04062009><FONT
face=Arial color=#0000ff size=2> listed building which is of no practical use to
anyone cannot have a secure future. Applying the same
principle the local planning authority, when dealing with proposals
involving a secular building, is expected to look sympathetically at a
change of use which will provide it with a secure future, even if it
involves something which wouldn't normally be looked on favourably in that
locality. I don't think that helps us very much with bell frames as
English Heritage could argue that if an old frame is considered to be
of value, it may be better used as such than left to moulder
away.</FONT></SPAN></DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2></FONT></SPAN> </DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff size=2>For
further guidance, there is another very useful source on the subject: a book
entitled <U>Listed Buildings, Conservation Areas and Monuments</U>. It is
described in the publisher's blurb as "a complete guide to this highly complex
area of law". </FONT></SPAN><SPAN class=875354220-04062009><FONT
face=Arial color=#0000ff size=2>This has become the standard reference
book for planners, conservation officers and members of the legal
profession dealing with cases of this kind. The author is - yes, you've
guessed it, Charles Mynors. It seems to me that it would be a brave man or
woman who went to court hoping to get the better of him on a point of law
involving historic buildings.</FONT></SPAN></DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2></FONT></SPAN> </DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Arial color=#0000ff
size=2>I don't think you can fault the way in which he conducted
the hearing. Early on, English Heritage tried to argue that they
ought to be allowed to appear as specialist advisors to him, to help him make
his decision. He told them very firmly that if they wanted to object, they
would have to appear as objectors: he would decide the case himself. As
Chris Pickford has pointed out, his decision was a logical one based on the
information available to him. The problem is that with the
benefit of hindsight, the case for a new bell frame wasn't put as well as it
could have been.</FONT></SPAN></DIV>
<DIV><FONT face=Arial color=#0000ff size=2></FONT> </DIV>
<DIV><FONT face=Arial><FONT color=#0000ff><FONT size=2>P<SPAN
class=875354220-04062009>eter Rivet</SPAN></FONT></FONT></FONT></DIV>
<DIV><SPAN class=875354220-04062009><FONT face=Tahoma
size=2></FONT></SPAN> </DIV>
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