3.5.2 Secular Legislation and National Planning Policy

UNDERSTANDING THE PLACE TODAY

• Notification is also required for any application for LBC or

SMC within the Cathedral site (as defined in the Care of

Cathedrals Measure 1990).

Works for the approval of the FAC are:

• works that would materially alter the character of the church or other precinct building;

• works that would affect the setting; and

• works that would materially affect any archaeological remains.

For all proposed work the Cathedral Administrator must send written notification to the LPA, Historic England, and the Society for the Protection of Ancient Buildings (SPAB) on behalf of the National Amenity Societies and provide them with supporting information. Additionally, he or she must display notices inside and outside the Cathedral, where they are clearly visible to members of the public and must make full supporting information available for inspection at specified times in a specified place.41

Following receipt or display of the relevant notices, consultees and members of the public have 28 days in which to submit any written representations to the Secretary of the Commission, or the FAC concerned, as appropriate. Any such representations must be considered fully and fairly before the application is determined.

Decisions under the Measure should strike a balance between considerations of the needs for worship and mission of the church at the Cathedral and of care and conservation of the nationally significant building and landscape.

41 Procedural Guidance Note 8: The Care of Cathedrals Measure and the Public Interest: the Role of LPA, Historic England, the National Amenity Societies and the Public. http://www.churchcare.co.uk/images/Microsoft_Word_-_ Procedural_Guidance_Note_8_CCM_and_the_Public_Interest_2012_ revision.pdf 3.5.2 SECULAR LEGISLATION AND NATIONAL PLANNING POLICY Coventry Cathedral is subject to a number of secular statutory and non-statutory measures and planning policy frameworks that seek to ensure that any change on the site takes place in an informed and appropriate manner. The following summary sets out the key legislation and planning guidance relevant to the heritage assets of the site and its management into the future.

Planning (Listed Buildings and Conservation Areas) Act (1990) Listed Buildings are designated under the Planning (Listed Buildings and Conservation Areas) Act 1990 for their special architectural or historic interest. Listing gives them protection as alterations, additions or demolitions are controlled by Listed Building Consent, which is required by local planning authorities when change is proposed.

When related to a cathedral, as discussed above, a Listed Building is subject to the CFCE’s and FAC’s jurisdiction rather than Listed Building Consent, however this is only the case when the building is in ‘ecclesiastical use’ and there are therefore times when a cathedral owned building is instead subject to Listed Building Consent. When the Ecclesiastical Exemption Order 1994 was approved, a red line of exemption was drawn around the Cathedral or church to demarcate the exemption area. If a Listed Building is outside this boundary, it is subject to Listed Building Consent, unless in ‘ecclesiastical use’. The CFCE also has the power to declare that secular consents will suffice for a certain proposal.42

42 Procedural Guidance Note 2: Proposals and Making an Application 2012 Revision, http://www.churchcare.co.uk/images/Microsoft_ Word_-_Procedural_Guidance_Note_2_Proposals_and_Making_an_ Application_2012_revision.pdf Conservation Areas are also designated by local planning authorities in order to protect the character and appearance of areas of special architectural or historic interest. This provides a control over the demolition of non-Listed Buildings in the area as well as listed structures and is the basis for the protection of conservation of all aspects of the character and appearance of an area.

Ancient Monuments and Archaeological Areas Act (1979) This act relates to the law surrounding ancient monuments and sets out that it is a criminal offence to disturb or cause deliberate damage to a monument. Under the 1979 Act, Scheduled Monument Consent (SMC) is required before any work can be carried out which might affect a monument either above or below ground. SMC is a statutory requirement and monuments that are scheduled are protected against disturbance or unlicensed metal detecting. An application for Consent must be made to the Secretary of State for Digital Culture, Media and Sport via Historic England. A cathedral church cannot be designated a Scheduled Ancient Monument; however, it is possible that a designation can run within the precinct or underneath the Cathedral. As such the requirement for consent can be part of any proposed works.

‘Works’ are defined by section 2(2) of the 1979 Act as:

• any works resulting in the demolition or destruction of or any damage to a scheduled monument;

• any works for the purpose of removing or repairing a scheduled monument or any part of it or of making any alterations or additions thereto; and

• any flooding or tipping operations on land in, on or under which there is a scheduled monument.