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Care of Cathedrals Measure 2011

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This is the original version (as it was originally enacted).

6Body to which application for approval to be made

(1)Any application for approval for a proposal shall be made to the Commission where—

(a)the proposal would involve—

(i)the carrying out of works, including works of repair or maintenance, which would permanently alter the fabric of the cathedral church or any building within the precinct of the cathedral church which is for the time being used for ecclesiastical purposes, or

(ii)the demolition of any part of the cathedral church or any such building, or

(iii)the disturbance or destruction of any archaeological or human remains in or under the cathedral church or within its precinct, or

(iv)the sale, loan or other disposal of or the carrying out of any work to any object for the time being designated under section 24(4) in relation to the cathedral church as being of outstanding architectural, archaeological, artistic or historic interest, or

(b)the Commission declares in writing that the proposal gives rise to considerations of such special architectural, archaeological, artistic or historic interest that the application should be determined by it;

and any application for approval for any other proposal other than an application under section 7(4)(a) shall be made to the fabric advisory committee.

(2)If the Chapter or the fabric advisory committee wishes to have it determined whether under subsection (1) an application for approval is required to be made to the committee or to the Commission, the Commission shall have power to determine that question.

(3)If the Commission considers that a proposal falls within subsection (1)(a), but that the proposal does not give rise to considerations of sufficient importance to require an application to be considered by it, it may make a declaration in writing to that effect and any application for approval of the proposal shall be made instead to the fabric advisory committee.

(4)The Commission shall also have power, subject to subsection (5), to determine that subsection (1)(a) shall not apply to proposals of any class or description specified by the Commission in relation either to cathedrals generally or to such cathedrals as may be specified.

(5)Before making a determination under subsection (4), the Commission shall consult any relevant Chapter and any relevant fabric advisory committee, English Heritage, the national amenity societies (or such person as the societies shall jointly appoint for the purposes of this section) and, in the case of a proposal described in section 2(1)(a), any relevant local planning authority.

(6)Any application for approval of a proposal specified by the Commission under subsection (4) shall be made instead to the fabric advisory committee.

(7)The Commission may revoke or vary any determination under subsection (4).

(8)If, following a request in writing from the Chapter of a cathedral, the Commission is satisfied—

(a)that a proposal or intended proposal falls within section 2(1)(a)(ii) or (iii) but does not fall within section 2(1)(a)(iv);

(b)that the proposal does not relate to the cathedral church itself or a building within the precinct of the cathedral church for the time being used for ecclesiastical purposes;

(c)that planning permission, listed building consent or scheduled monument consent is required for the carrying out of all the works to which the proposal relates; and

(d)that any considerations relevant to preserving the immediate setting of the cathedral church or any archaeological remains in or under the cathedral church or within its precinct will be or have been adequately taken into account by the person or body responsible for granting the permission or consent;

the Commission may, after consulting the local planning authority, the fabric advisory committee and English Heritage, make a declaration in writing that no approval is required under this Measure for the proposal.

(9)In subsection (8) “planning permission”, “listed building consent” and “scheduled monument consent” have the meanings respectively assigned to them by section 336(1) of the Town and Country Planning Act 1990 (c. 8), section 8(7) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) and section 2(3)(a) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46).

(10)Where—

(a)an application has been made to the fabric advisory committee by virtue of subsection (1) (not being an application in respect of which a determination has been made under subsection (2)), and

(b)at least three members of the committee present and voting determine that the proposal in question gives rise to considerations of such special architectural, archaeological, artistic or historic interest that the application should be determined by the Commission,

the secretary of the committee shall refer the application to the Commission and shall notify the Chapter accordingly; and section 9 shall apply to that application.

(11)Any application for approval in pursuance of section 2(3) shall be made to the Commission.

(12)Any application under this section shall be made in accordance with rules made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1).

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