Pastoral Measure Code of Practice Annex 11i December 2009 CHURCH COMMISSIONERS CLOSED CHURCHES GUIDANCE NOTE CCG 4 WHAT HAPPENS WHEN A CHURCH IS CLOSED 4E – WHERE NO SUITABLE USE IS FOUND A Guidance Note for Parochial Clergy and Church Officers September 2008 Edition Closed Churches Division Church House Great Smith St London SW1P 3AZ You may obtain further copies of this note by telephoning 020 7898 1783 or email pmcode@churchofengland.org 1 Pastoral Measure Code of Practice Annex 11i December 2009 These notes set out the procedures for closing a church and deciding its future. They also explain the roles of various Church and secular bodies within that process. There are five parts:Part I Part II Part III Part IV Part V Closing a Church The Effect of Closure Seeking a Use Procedures for Implementing a New Use for a Church Where No Suitable Use is Found If you would like further information on local questions or diocesan policy, the Secretary of the Diocesan Mission and Pastoral Committee will be able to help you. If you would like further information about anything contained in this note or on any of the procedures under the Pastoral Measure, please go to http://www.ccpastoral.org. 2 Pastoral Measure Code of Practice Annex 11i December 2009 4E – WHERE NO SUITABLE USE IS FOUND A Guidance Note for Parochial Clergy and Church Officers 16. If No Suitable Use is Found Where a suitable alternative use cannot be found, the Commissioners have to decide between vesting the redundant building in the Churches Conservation Trust for preservation, or demolition. A proposal for demolition that is contested by certain bodies could lead to a non-statutory public inquiry. 16.1 Suitable alternative uses are found in the majority of cases but this may not always be the case. Where, therefore, the Commissioners agree that the Diocesan Mission and Pastoral Committee (DMPC) has made all reasonable attempts to identify a suitable alternative use and these have proved unsuccessful – usually within three years of the closure of the building but sooner than that if it is clear that further use-seeking efforts are unlikely to produce a use - the Commissioners have to decide between:(a) (b) vesting the building in the Churches Conservation Trust (CCT); or demolition. 17. Preservation by the CCT 17.1 To qualify for consideration for preservation by the CCT, a closed church is likely to be of historic and archaeological interest or possess architectural qualities. Other factors which the Commissioners are likely to take into account in considering the claims of a church to be vested in the CCT are:(a) (b) (c) (d) (e) the Church Building Council’s advice; the likely cost of preservation; whether the CCT has sufficient resources to meet the cost of repairing and maintaining the building; relevant pastoral and practical considerations; and other potential vesting candidates. 3 Pastoral Measure Code of Practice Annex 11i 17.2 December 2009 If the Commissioners agree that a church should be vested in the CCT, they will prepare and publish a draft pastoral (church buildings disposal) scheme which contains the relevant provisions with respect to:(a) (b) (c) the vesting of the building and, in exceptional circumstances, the vesting of all or part of the churchyard; the vesting of the contents; the provision of rights of way and access. 17.3 The procedure for publication of the draft scheme and consideration of any adverse representations is the same as that for a use scheme as set out in paragraphs 9.3–9.5. 17.4 The scheme will usually take effect upon the date that it is made by the Commissioners. 18. Legal Effects of Consecration 18.1 Closed churches which are vested in the CCT (and [parts of] churchyard or curtilage which are similarly vested) remain consecrated but cease to be subject to faculty jurisdiction. They are, however, fully subject to the normal listed building and conservation area controls. 19. Demolition 19.1 Where no suitable use is identified, and the closed church building is not regarded as of sufficient quality to be vested in the CCT, the Commissioners will publish a draft pastoral (church buildings disposal) scheme providing for its demolition and the disposal of any materials arising from the demolition. The scheme will also empower the Commissioners to dispose of the site of the building and all or part of any annexed land, and will provide for the disposal of the contents (see Section 11). The procedure for publication of the draft scheme and consideration of representations is as set out in paragraphs 9.3-9.5. 19.2 The Commissioners and the Secretary of State for Communities and Local Government have agreed a procedure under which, in certain circumstances, the latter will be asked by the Commissioners if he wishes to hold what is called a non-statutory local public inquiry into contested proposals to demolish, wholly or partly, a listed closed church or an unlisted church in a conservation area. In effect this requires sustained objections to the draft scheme from one or more of the CBC, EH, the LPA or one of the National Amenity Societies. The Commissioners have 4 Pastoral Measure Code of Practice Annex 11i December 2009 undertaken to abide by the Secretary of State’s decision in such circumstances. 19.3 Given the cost of pursuing a non-statutory inquiry, and the uncertainty of the outcome, the Commissioners are reluctant to agree to demolition unless there is clear evidence that all possible alternatives have been explored and exhausted. 19.4 Once a pastoral (church buildings disposal) scheme providing for demolition takes effect, the Commissioners will liaise with the diocese over the appointment of agents who will obtain tenders for the demolition from reputable contractors and make a recommendation accordingly. 19.5 Occasionally the prospective purchaser of the site will undertake the demolition as the Commissioners’ “agent”, subject to full compliance with the relevant regulations. 19.6 When considering the disposal of a cleared site the Commissioners will consult the diocese on whether there is a need to include special covenants. In practice these are usually only likely to be relevant if the site adjoins a parsonage or other church property, where some control over the future use of the site is desirable. 20. Legal Effects of Consecration 20.1 Unless otherwise stated, when the scheme is brought into effect, the legal effects of consecration automatically cease to apply to:(a) (b) all or part of a closed church building which is demolished; all or part of any churchyard or curtilage which is disposed of with the cleared site of a demolished building. 20.2 Where the cleared site of a demolished church is added to annexed churchyard or becomes part of the churchyard that previously surrounded the building, it will automatically become subject to the legal effects of consecration. 21. Churchyard or Curtilege not Dealt with by Scheme 21.1 Churchyard or curtilage that is not dealt with as described in paragraphs 18.1 and 20.1 remains subject to both the legal effects of consecration and faculty jurisdiction. The PCC continues to have full responsibility for the maintenance of such land, and should also ensure that third party cover is maintained for the area for which it is responsible irrespective of whether 5 Pastoral Measure Code of Practice Annex 11i December 2009 the other part of the land is in different ownership as a result of the scheme. 6