Church Buildings and the Ecclesiastical Exemption in England

England is home to thousands of churches, scattered all across the country. These buildings represent more than just a religious purpose, they also function as public spaces for community gatherings, cultural activities and heritage events. Interestingly, according to the English Churches and Cathedrals Sustainability Review [1], 75% of all of Church of England churches are listed buildings.

(Source: Charlotte Cox)

Many of these listed churches, however, are now considered too small or outdated to meet the practical needs of their congregation. They often lack essential facilities such as kitchens, bathrooms, meeting rooms and offices. As a result, extensions or additional buildings are often proposed to support these needs.

When seeking planning permission for a listed building you are usually required to submit a Listed Building Consent (LBC) application to accompany your main planning application. LBC ensures that any proposed works preserve the buildings special architectural or historic character. However, Listed Churches under certain denominations in England are exempt from applying for LBC due to the “Ecclesiastical Exemption”. The denominations are as follows:

1. The Church of England,

2. The Roman Catholic Church,

3. The Methodist Church,

4. The Baptist Union of Great Britain, and

5. The United Reformed Church.

Under the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 2010 [2] these denominations are permitted to use their own internal consent procedures instead of applying for LBC. These internal systems are considered sufficiently stringent and robust to “replace” the need for a separate LBC application. These internal applications help relieve some of the burdens on the planning system and reduces duplication of similar applications whilst maintaining an appropriate level of protection of listed buildings.

For example, within the Church of England, any alterations are managed through the Faculty Jurisdiction system. Applications for faculties are submitted to the Diocesan Advisory Committee (DAC) for review and discussion and are often submitted in advance of or alongside the main planning application.

It is important to note that there are instances where the Ecclesiastical Exemption does not apply, for example, when church buildings are part of schools, universities, hospitals or other non-ecclesiastical institutions. In such cases, civil courts may determine whether the exemption is valid.  

Even when the Ecclesiastical Exemption applies, planning permission is still required for:

• “a. any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest.

• b. any works to a secular listed building which might affect its setting or any features of special architectural or historic interest which it possesses". [3]

When proposing new development within the curtilage of a listed church, it is essential to engage early with the specific denomination committee (such as the DAC for the Church of England) and prepare detailed proposals that justify any harm to the listed building’s significance. There are opportunities to seek heritage advice from Historic England or the Local Planning Authority (LPA) to mitigate any concerns that may arise. Early engagement with planners and architects is key to understanding both the requirements of the Ecclesiastical Exemption and any planning applications that may still be needed alongside it.

[1] English Churches and Cathedrals Sustainability Review. (n.d.). Available at: https://assets.publishing.service.gov.uk/media/5a819125e5274a2e87dbe511/ChurchTaskForce.pdf.

[2] Legislation.gov.uk. (2022). The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010. [online] Available at: https://www.legislation.gov.uk/uksi/2010/1176/contents/made.

[3] Legislation.gov.uk. (2012). Planning (Listed Buildings and Conservation Areas) Act 1990. [online] Available at: https://www.legislation.gov.uk/ukpga/1990/9/section/7.

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At Bluestone Planning, we understand the unique challenges involved in altering or extending listed church buildings, especially when navigating the complexities of the Ecclesiastical Exemption. Our team is experienced in working with denominational advisory committees, such as the Diocesan Advisory Committee (DAC) and can guide you through both internal consent procedures and external planning requirements. Whether you are proposing a new extension, internal reconfiguration or development within the curtilage of a listed church, we provide expert, tailored advice to ensure your project respects heritage sensitivities while meeting the needs of your congregation.

For more information on how we can assist you with planning permissions, contact us at Bluestone Planning by calling +44 1235 766825 or emailing admin@bluestoneplanning.co.uk