RB/10

POLICY RB/10 ECCLESIASTICAL BUILDINGS

POLICY RB/10
ECCLESIASTICAL BUILDINGS

The same provisions apply for registered buildings which fall within this category, as apply elsewhere. Contrary to the situation which prevails elsewhere, no exemption exists with respect to ecclesiastical buildings in the Isle of Man.

In considering applications for registered building consent for alteration or extension to buildings in this category, it is acknowledged that factors such as the size and requirements of modern congregations may differ considerably from when the church was originally constructed. Applicants considering carrying out alterations, extensions or improvements to ecclesiastical buildings which are registered, should consider the extent to which their proposals will affect the particular historic merit or architectural character of the building in question. An application is less likely to succeed if either of these qualities is markedly affected.

It must also be remembered that in addition to the requirement for registered building consent, it will usually be necessary to obtain the formal consent of the appropriate church authority: early dialogue can often assist in deciding upon the most appropriate way to progress such works.

FIXTURES AND CURTILAGE STRUCTURES

The Registration of a building confers protection not only on the building, but extends to its full curtilage. Protection is also conferred on any object or structure fixed to the building, which is ancillary to the building. The word "fixed" is taken to have the same connotation as in the law of fixtures. The rule provides that any object or structure fixed to a building should be treated as part of it. It is a test, therefore, of fact in each individual case, as to whether a structure is free-standing or physically fixed to the building. Generally, it would be reasonable to expect some degree of physical annexation, together with indications that the annexation was carried out with the intention of making the object an integral part of the land or building. The principal tests as to whether an object or structure is within the curtilage of the Registered Building will relate to the physical layout of the land surrounding the Registered Building at the date of Registration and the relationship of any structures on the surrounding land to each other. Changes in ownership, occupation or use after the date of Registration will not bring about the de-Registration of a building which formed part of the principal building at the date of Registration.

LEASEHOLD TENURE

It is important that in creating a Leasehold Tenure of a Registered Building, particularly in the case of a fully or partially repairing Lease, notice of the building's Registered status should be passed from Landlord to Tenant, as the policies which apply to the Registered Building and its freehold estate, will generally be equally enforceable against the owner of a leasehold estate. (e.g. If a Leaseholder carries out unauthorised works which affect the special architectural character or historic interest of the building).

FINANCIAL ASSISTANCE

Grant assistance for works which would be judged to be routine maintenance and repair, would not usually be available as a matter of course.

However, works to protect the structural integrity of the building, or which protect the architectural and historic interest of the building, may well merit financial assistance under one of the prevailing financial assistance schemes operated by the Department. Financial assistance can help ease the burden of the requirement to use traditional craftsmanship and materials, or to reinstate on a "like for like" basis. Each case will be judged upon its individual merits.

CONSERVATION AREAS

The Town and Country Planning Act, 1999 provides that:

1. The Department shall determine which parts of the Island are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance, and shall by order designate such areas as conservation areas.
2. Before making an order under subsection (1) the Department shall consult - every local authority in whose district the area in question, or any part of that area, falls.