Application Form H/NPM/DISP
Church Commissioners
New Parishes Measure 1943
Application for the Commissioners’ Consent to the Disposal
of Parsonage Land or Grant of Glebe Land – only required when
the proposed transaction is with a connected person and/or the ‘report’
requirements have not been met
Background
1. The New Parishes Measure 1943 (NPM) was passed by the former Church
Assembly to consolidate and update earlier legislation dealing with the formation
of new parishes and property acquired for church purposes. The provisions
regarding the creation of new parishes have been repealed and are now to be
found in the Mission and Pastoral Measure 2011. The “property” provisions of the
Measure have, however, been retained and the details have been amended on
several occasions over the years.
2. The NPM is normally used to acquire land for parochial purposes (e.g. for
enlarging a churchyard) or dispose of such land when it is no longer required for
those purposes. It can also change the ownership, or vesting, of land which is
already in 'Church ownership' (i.e. churchyard, parsonage, glebe, parish and DBF
corporate property) without the need for money to change hands if all the parties
involved agree. For the purposes of the NPM, the word “land” includes an
easement (such as a right of way or drainage). However, easements for the benefit
of a parsonage house would normally be acquired under the Church Property
(Miscellaneous Provisions) Measure 1960 and not under the NPM unless the
rights of access over consecrated churchyard were needed, in which case a faculty
would be required.
3. Unless the benefice is vacant the incumbent will normally be a party to any
transfer where the benefice acquires or disposes of land under the NPM. The PCC
will also need to be a party in some cases, e.g. where it is paying the purchase
price in the case of an acquisition of land or where the vendor or donor requires it
to enter into covenants (to erect or maintain boundary fences for instance).
Incumbents and PCCs will need to appoint solicitors to advise them.
4. It is the Commissioners’ view that the NPM should never be used to by-pass
the rights of any of the interested parties that would normally need to consent
to a transaction or otherwise have a right of representation in a case if it
could otherwise be carried out under the primary legislation, i.e. the
Parsonages Measures 1938 & 1947 and the Endowments and Glebe Measure
1976. It is for this reason that the Commissioners require written confirmation
from the diocese that the interested parties under the relevant primary legislation
are content for a proposal to proceed under the NPM where a matter is referred to
them for their approval. Where such agreement cannot be obtained and the
diocese still wishes to proceed with the transaction, notice should be served by the
relevant Diocesan Board/Committee on the interested parties under the primary
Measure and any adverse representations that may be received with respect to the
proposal would be considered by the Commissioners in accordance with their
duties under the Parsonages Measures/Endowments and Glebe Measure. Please
bear in mind however that a disposal under the Parsonages Measures must be for a
monetary consideration, if only for a nominal sum of £1.
Disposal
Benefice solicitors should refer to Annex I for further details about the procedure.
Parsonage land
5. Section 14 of the New Parishes Measure and Section 92(2) of the Mission and
Pastoral Measure 2011 empowers an incumbent (or the Bishop during a vacancy)
to convey parsonage land (with or without a consideration) for the following
purposes as defined by Section 13 of the New Parishes Measure, subject to the
consent of the Diocesan Parsonages Board:
(i)
as a site for a church, churchyard or burial ground or enlarging the site of
an existing church, churchyard or burial ground;
(ii)
to provide access to or improve the amenities of a church, churchyard or
burial ground;
(iii)
as a site for a place of worship, church hall or to improve the amenities of
the same;
(iv)
provide vehicle parking space in connection with any of the above uses.
6. In the case of (i) and (ii) above the land vests in the incumbent; in the case of (iii)
the land vests in the Diocesan Board of Finance in trust for the Parochial Church
Council. In the case of (iv) the property can be vested in either and depends on the
wording of the transfer deed. The general rule is that the property should vest in
the same owners as that of the property to be served by the parking space. Any
sale proceeds should be forwarded to the DBF (net of all legal and other costs
arising from the disposal) to be credited to a Parsonage Building Fund now held
on the benefice’s behalf by the Board for the benefice concerned. In order to
credit to either the Diocesan Pastoral Account or the Capital Account of the
Diocesan Stipends Fund (or a combination of the two) the diocese must serve
notice on the patron(s) and PCC(s) in the usual way. This involves writing to the
patron(s) and PCC(s) in accordance with the procedure laid down in Section 1.4,
A11.
Glebe
7. A Diocesan Board of Finance can appropriate glebe (with or without a
consideration) via Section 14 of the New Parishes Measure 1943 for those
purposes of Section 13 of the New Parishes Measure, i.e:
(i)
any glebe building consisting of a house, church or part of a church or
which is suitable to be used or converted into a parsonage;
(ii)
as a site for a new or enlarged church, churchyard, burial ground or
parsonage;
(iii)
to provide access to or improve the amenities of church, churchyard,
burial ground or parsonage.
In each case the land vests in the incumbent and any proceeds are paid into the
DSF Capital Account.
To enable the Commissioners to consider any proposal for the disposal of
parsonage or glebe land under the NPM, they require certain information and
confirmations which are set out in the following annexes.
N.B. See Form H/NPM/ACQ for the acquisition of land or property for
parsonage purposes under the New Parishes Measure or Parsonages Act 1865.
Church House, Great Smith Street, London, SW1P 3AZ
Tel: 020 7898 1000
Fax: 020 7898 1873
Email: pastoral@churchofengland.org
July 2012
Annex A: Parsonage
Where a disposal of parsonage land under the New Parishes Measure is
proposed where the Commissioners’ consent is required the diocese should
provide full details of the proposal including:
Information and confirmations required
1.
2.
3.
4.
Checklist
The terms agreed for the transaction, e.g. the consideration (if any); and
any covenants to be imposed and/or rights to be reserved in favour of
retained land.
Confirmation that the incumbent (or bishop in a vacancy), patron(s) and
PCC(s) of the benefice are content with the proposal. Where a team
ministry has been established for the benefice, confirmation should also be
given that each member of the team is content.
Confirmation (where relevant) that the PCC or some other local body has
agreed to meet any costs that may be incurred if there are insufficient or no
sale proceeds for this purpose.
a transfer including a plan of the land concerned (prepared in accordance
with the Land Registry requirements) which should show the boundaries in
relation to the adjoining land, and should be based on (or accompanied by a
second plan based on) an Ordnance Survey map on a scale 1:2500 or larger.
5.
The full name and address of the transferee (where this is not the
incumbent) and the name, address, DX number (if relevant), telephone
number and reference of any solicitor acting for the transferee.
6.
The full name and address of the incumbent (if the benefice is full) and the
name, address, DX number (if relevant), telephone number and reference of
any solicitor acting for the benefice.
7.
In cases where the land in question was acquired by way of gift or for a
nominal consideration and is to be disposed of for no consideration, please
provide evidence that the original donor of the land (or his/her successors
where practicable) has consented to the disposal.
(Signed) ………………………………………..
Authorised Signatory
Date: …………
Annex B: Glebe
Where a grant of glebe under Section 23(1) of the Endowments and Glebe
Measure is proposed the diocese should provide full details of the proposal
including:
Information and confirmations required
1.
2.
3.
4.
Checklist
The terms agreed for the transaction, e.g. the consideration (if any); and
any covenants to be imposed and/or rights to be reserved in favour of
retained land.
Where glebe is to be transferred for parsonage purposes, confirmation that
the incumbent (or bishop in a vacancy), patron(s) and PCC(s) of the
benefice are content with the proposal. Where a team ministry has been
established for the benefice, confirmation should also be given that any
team member living in the property to be transferred has consented to the
transaction and that all other team members have been consulted.
Where glebe is to be transferred for any other “church” purpose,
confirmation that the incumbent (or bishop in a vacancy) and PCC (where
relevant) are content with the proposal. Where there is a team ministry, it
should also be established that the team vicars and any other team member
living in the subject property are content.
a transfer including a plan of the land concerned (prepared in accordance
with the Land Registry requirements) which should show the boundaries in
relation to the adjoining land, and should be based on (or accompanied by a
second plan based on) an Ordnance Survey map on a scale 1:2500 or larger.
5.
The name, address, DX number (if relevant), telephone number and
reference of the solicitor acting for the DBF as owners of the glebe.
6.
The full name and address of the incumbent (if the benefice is full) and the
name, address, DX number (if relevant), telephone number and reference of
any solicitor acting for the benefice.
(Signed) ………………………………………..
Authorised Signatory
Date: ……………
Notes
The New Parishes Measure defines a “qualified surveyor” as a person who is a
member of the Royal Institution of Chartered Surveyors reasonably believed by
the person or body in whom or which the buildings or land are or is to vest to
have ability in, and experience of, the valuation of property of the particular kind,
and in the particular area, concerned.
(1)
FOR CHURCH COMMISSIONERS’ USE ONLY
NAME:
REF:
DATE:
C/S NO:
The Commissioners have approved this proposal.
(Signed)…………………………………………….………………………..
Date:……………………………