The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (Wales) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 for Wales.

Section 60(1) and (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the 1990 Act”) provides that ecclesiastical buildings which are for the time being used for ecclesiastical purposes are not subject to sections 3A, 4, 7 to 9, 47, 54 and 59 of the 1990 Act. This is defined in article 2 as listed buildings ecclesiastical exemption. Those sections relate to listed building control, including: building preservation notices; restrictions on works of demolition, alteration or extension; compulsory acquisition of buildings in need of repair; urgent preservation works by a local authority and the Welsh Ministers; and offences in relation to intentional damage.

Section 75 of the 1990 Act provides that ecclesiastical buildings which are for the time being used for ecclesiastical purposes are not subject to section 74 of the 1990 Act. Section 74 relates to the control of demolition of buildings in conservation areas. This is the conservation area consent ecclesiastical exemption.

This Order removes the listed buildings ecclesiastical exemption in the case of all ecclesiastical buildings other than for those cases falling within article 4. Under article 4 the exemption is retained in respect of church buildings of the Church in Wales, the Church of England, the Roman Catholic Church, the Methodist Church, the Baptist Union of Great Britain and the Baptist Union of Wales provided that the building in question’s primary use is as a place of worship and subject to the restrictions set out in that article.

A church building includes—

(a) any object or structure fixed to the church building;

(b) any object or structure within the curtilage of a church building which, although not fixed to that building, forms part of the land.

(This is now the case whether or not that object or structure is listed in its own right.)

Article 6 provides that if an application for listed building consent in relation to any object or structure within the curtilage of a church building which, although not fixed to that building, forms part of the land (as defined in article 4(1)(b)) has already been made before the coming into force date of this Order, then this Order will not apply to that application and the local planning authority will continue to determine it.

This Order also removes the conservation area consent ecclesiastical exemption from all ecclesiastical buildings.

Article 1(3) provides that the loss of ecclesiastical exemption does not affect any works which have commenced, or in respect of which a contract has been made, before the Order comes into force.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from Historic Environment Services (Cadw), The Welsh Government, Plas Carew, Cardiff, CF15 7QQ and on the Welsh Government’s website at www.gov.wales.