HL Deb 11 November 1976 vol 377 cc856-60WA

Following the Government Statement on 30th January 1975 a small Working Group was set up, comprising officers of the Department of the Environment and the Welsh Office, the General Synod of the Church of England and the Churches Main Committee representing the other denominations, under the chairmanship of Mr. V. D. Lipman, the Department's Director of Ancient Monuments and Historic Buildings.

The Group now puts forward its recommendations, which are unanimous.

OUTLINE PROPOSALS

(NoteThe word "church" is taken to include any ecclesiastical building in ecclesiastical use.)

  1. (i) The scheme would be operated by the Secretary of State for the Environment and the Secretary of State for Wales on the recommendation of the respective Historic Buildings Council, appropriately strengthened as necessary. The proposals do not apply to Scotland, Northern Ireland, the Isle of Man or the Channel Islands.
  2. (ii) With the exception of cathedrals of the Church of England and the Church in Wales, the scheme would apply to all churches recommended by the Council as being outstanding as buildings of architectural or historic interest. Additionally, all church buildings in outstanding conservation areas could be eligible for conservation grant.
  3. (iii) The usual HBC tests of eligibility would apply to the work, including a means test, which in practice have the effect of extending the specific exclusion of cathedrals to analogous major churches of all denominations.
  4. (iv) The main object of State grants would be to assist with the cost of repairs to the fabric and load-bearing structures of a church. In the case of the Church of England repairs falling within the first two categories ("urgent" and "immediate") of the Quinquennial Inspection report would always be eligible for grant; those in the third category ("essential with the quinquennium") would be considered on their merits. Applications would be entertained only within 12 months from the date of an inspection as due under the Inspection of Churches Measure 1955 and (except in 858 cases of emergency) not until five years had elapsed from the previous inspection.
  5. (v) For other denominations which had similar arrangements similar rules would apply. In other cases an application would be made following a specially-commissioned survey by an architect, and no fresh application from the same church would normally be entertained within five years.
  6. (vi) While those immediately responsible for any building in ecclesiastical use would have the right to apply direct to the HBC, it would be expected that most applications would come through the appropriate authorities of the diocese, or denomination, who would be invited to comment on the applicant's financial resources and previous performance on maintenance and could also indicate an order of preference for churches within their area of responsibility.
  7. (vii) The Secretary of State would, on the recommendation of the HBC, fix from time to time a normal upper percentage for grants. It would be the responsibility of the individual church to raise its share, seeking money locally or through national or local Trusts, for whom a distinct role would thus be preserved. Normally, before offering a grant the Secretary of State would have to be satisfied that all "urgent", "immediate" and "essential" works of repair would eventually be carried out, but a phased programme would be considered in appropriate cases.
  8. (viii) The scheme would run for an initial period of not less than five years. During this time, it would be unnecessary to legislate on the ecclesiastical exemption from listed building control. Following the House of Lords judgment in the Bedford case, listed churches of denominations other than the Church of England cannot be demolished without listed building consent. For the Church of England, the Church Commissioners would agree with the Government that, during the initial period, they would consult the Secretary of State for the Environment before proceeding to order the demolition of a listed church (or an unlisted church in a conservation area); and would suspend the proceedings in order to enable the Secretary of State to hold a non-statutory local public inquiry, which he would do, on the advice of the HBC (a) wherever the proposed demolition was against the advice of the Advisory Board 859 for Redundant Churches; or (b) in cases of special importance, he considered it appropriate to do so, in the light of representations received, including those of the Church Commissioners or of the local planning authorities. The Secretary of State would send the Commissioners the report of the inquiry, which together with his conclusions, and the reasons given by the Church Commissioners for accepting or rejecting the Secretary of State's views would all be published. The working of this consultation procedure would be reviewed by the Government and the Church authorities at the end of the initial period.
  9. (ix) The General Synod of the Church of England for its part will undertake to review the faculty jurisdiction system (under which the alteration of churches inter alia, is controlled) and try to complete the review within five years. It is recognised that these are matters for the Church of England and the Consistory Courts, but the Government would welcome any 860 modifications which could help to allay any disquiet on the part of local authorities and the general public about the present arrangements.
  10. (x) The Government would also consider making some provision for redundant churches, chapels, meeting houses, etc. of the other denominations to help balance the State's contribution to the Church of England's Redundant Churches Fund. The buildings to be preserved would be selected on the advice of the Historic Buildings Councils where they were satisfied that the redundant building was of such architectural or historic interest that it ought to be preserved in the interests of the nation and of the denomination concerned and could not be adapted to any appropriate alternative use. The level of HBC grant offered would be appropriate to the particular circumstances.

House adjourned at twenty minutes before midnight.