Care of Cathedrals Measure 2011

8 Applications for approval of fabric advisory committee E

(1) Where any application is made by the Chapter of a cathedral for the approval of the fabric advisory committee, the administrator shall display in the prescribed manner a notice in the prescribed form specifying the place where details of the proposal are available for inspection and stating that representations in writing with respect to the proposal may be sent to the secretary of the committee before the end of the prescribed period; and the administrator shall also send such a notice—

(a) to the Commission, and

(b) if the application relates to a proposal of a kind described in section 2(1)(a)—

(i) to English Heritage,

(ii) to the national amenity societies (or such person as those societies may jointly appoint for the purposes of this section), and

(iii) to the local planning authority.

(2) After considering any representations made to it under this section, the fabric advisory committee shall determine whether to give its approval to the proposal, either unconditionally or subject to such conditions as it may specify, or whether to refuse to give its approval.

(3) The secretary of the fabric advisory committee shall send a notice of the committee's decision—

(a) to the Chapter of the cathedral,

(b) to the Commission, and

(c) to any body or person to whom notice of the application is required to be sent by virtue of subsection (1)(b),

and the administrator of the cathedral shall display in the prescribed manner a copy of the notice sent to the Chapter under this subsection.

[F1 (4) The fabric advisory committee, whether on the application of the Chapter or on its own initiative, may vary or revoke an approval, or a condition of an approval, given under this section.

(5) The fabric advisory committee may not exercise the power under subsection (4) in a way which would, in its opinion, result in the approval of a proposal substantially different from the proposal originally given approval.

(6) Subsection (3) applies to a decision by the fabric advisory committee to exercise, or not to exercise, the power under subsection (4) as it applies to a decision by it whether to give, or to refuse to give, its approval to a proposal.

(7) For the purposes of subsection (6), subsection (3) has effect as if for paragraph (c) there were substituted—

“(c) to any body or person to whom notice of the original application was required to be sent by virtue of subsection (1)(b),”.]

Textual Amendments

F1 S. 8(4)-(7) inserted (1.9.2020) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 5(1), 16(3); S.I. 2020/835, art. 2

Commencement Information

I1 S. 8 in force at 1.9.2011 by 2011 No. 2, art. 2