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Re St Barnabus, Erdington

Birmingham Consistory Court: Cardinal Ch, September 2010 Re-building of fire-damaged church – relevance of planning permission

Published online by Cambridge University Press:  26 April 2011

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2011

The grade II listed church had been closed as unsafe after very significant damage was caused in an arson attack. The vicar and churchwardens now petitioned for a faculty for the rebuilding and restoration of the church. The plans re-oriented the building so that the main entrance would be on the High Street rather than a side street as previously. They included substantial additional facilities including an extension to house significant additional space to be used for community activities. With minor conditions and observations, the petition was supported by the DAC, English Heritage and the Church Buildings Council. Planning permission had been granted. The Victorian Society objected to certain aspects of the plans which would, in the view of the chancellor, if upheld, require a ‘wholesale rethink’ of the proposals. The Victorian Society, which had objected to the proposals during the planning permission application, argued that the grant of planning permission should not be determinative as the considerations thereunder were not the same as for listed building consent, which was not required due to the ecclesiastical exemption. The chancellor nevertheless went on to consider the fact that the Victorian Society had unsuccessfully made the same objections at the planning permission stage. The faculty was granted. [RA]