Listed Building Control (Hansard, 17 December 1992)

§ Mr. Brooke

In the light of the responses received, my right hon. Friend the Secretary of State for Wales and I intend to introduce changes to the current provisions in broadly the form proposed in the consultation paper. In respect of England and Wales, the ecclesiastical exemption will be retained for those bodies that subscribe to a code of practice, and agree to bring their internal arrangements for control of works to listed ecclesiastical buildings into conformity with the code.

The main change we are making to the consultation proposals is that where religious bodies choose not to subscribe to the code of practice, the exemption will be withdrawn in respect of works to the interior as well as to the exterior of their ecclesiastical buildings. Guidance will be issued to local planning authorities on the importance of giving due weight to liturgical requirements in considering applications for consent to internal alterations.

We are satisfied in the light of the responses that it is right to pursue the consultation paper's proposals in respect of curtilage buildings. In future, therefore, the exemption will normally apply only to the principal place of worship on any site, and not to any other buildings within the curtilage. Special provision will, however, need to be made for cathedral complexes. The precise implications of the withdrawal of the exemption for curtilage buildings including such structures as tombstones and monuments will be discussed further with the churches, the local authority associations and the national amenity societies.

The new arrangements have been the subject of consultation with my right hon. and learned Friend the Secretary of State for the Environment, in view of his responsibility for listed building control in England.

Copies of the code of practice, incorporating these and other changes, and lists of those who responded to the consultation paper, have been placed in the Library.

Our Departments will be writing to the local authority associations and the national amenity societies about the new arrangements.

The Church of England occupies a special position in that it has its own system of control already embodied in legislation approved by the General Synod and by Parliament. There has been extensive consultation between the Church authorities and the relevant Departments over recent amendments to their legislation and its implementation. I am satisfied that, subject to the 372W resolution of a few outstanding points, the Church's system of control will effectively embody the principles set out in the code of practice.

Our Departments will be writing to all other denominations to ask whether they wish to subscribe to the code of practice in its revised form, and discussions will be held with the Churches Main Committee on the various definitions involved and on arrangements for monitoring. When we have the churches' response we intend to make an order under section 60 of the Planning (Listed Buildings and Conservation Areas) Act 1990 defining the new scope of the exemption.

We should also make it clear that we are prepared to take action under section 60 of the 1990 Act to bring within normal control any individual ecclesiastical building where a denomination subscribing to the code proposes to authorise potentially damaging alterations for which wider scrutiny seems appropriate.

Experience of the new arrangements will be carefully monitored, and their continuance will, of course, depend on our being satisfied that they provide adequate protection for buildings which constitute so invaluable a part of our architectural and cultural heritage.