St Peter and St Paul’s Church, Birch, Essex
Notes of the Pre-Inquiry Meeting held on 28 July 2016 at the Colchester Institute, Colchester
1 Welcome and introductions
The Inspector introduced himself and welcomed those who were attending the Pre-Inquiry Meeting (PIM).
Those who attended:
For the Church Commissioners (CC):
Morag Ellis QC (ME)
Saira Salimi (SS) Deputy Official Solicitor to the Church of England
Bob May Turley
Paul Lewis (PL) CC
Jeremy Tipping CC
Adrian Broomfield CC
Andrea Mulkeen CC
John Ball Chelmsford Diocese, Church of England
For Colchester Borough Council:
Simon Cairns (SC) Major Development Manager, Planning Department, Colchester Borough Council
For Colchester and North West Essex Building Preservation Trust (Trust):
Paul Shadarevian of Counsel (PS)
David Balcombe (DB) Colchester & North East Essex Building Preservation Trust (CNEEBPT)
Interested persons:
John Daniels Local resident
Richard Carr (RC) Local resident and Priest of the Church of England
Geoffrey Carr Local resident
2 Purpose of the meeting
The Inspector confirmed that the PIM would not be used to hear any evidence but was to start making the arrangements for the Inquiry.
3 Procedure for the inquiry
The Inquiry is a non-statutory Inquiry, and would therefore be conducted in the spirit of The Town and Country Planning (Inquiries Procedure) (England) Rules 2000, Statutory Instrument 2000/1624 (as amended).
Relevant guidance on the Procedure is set out in The Planning Inspectorate’s (PINS) Procedural Guide: Called-In Planning applications – England 23 March 2016, which is available online at https://www.gov.uk/government/publications/called-in-planning-applications-procedural-guide
4 Terms of reference
The Secretary of State for Communities and Local Government’s (SoS) Terms of Reference (ToR) for the Inquiry had been agreed by the Church Commissioners, and were available at the PIM. CNEEBPT had raised some comments on the ToRs with the SoS. After the Inquiry, the Inspector would report to the SoS with a recommendation, who would then consider it, and in turn make a recommendation to the Church Commissioners.
PS had some comments on viability which he would raise at the Inquiry, including the DCMS Guidance of 2010 on the Operation of the Ecclesiastical Exemption.
The Inspector confirmed that there were no matters he wished to raise under ToR (viii) (Any other related matters including other planning and social factors which the Inspector appointed to hold the non-statutory Inquiry wishes to raise).
5 Timetable
ME stated that a draft Statement of Common Ground (SoCG) had been circulated 6 weeks ago, but no comments had been received back. When they had been received back the Inquiry length would be known. Mr Gary Cottee was not present, but he has proposals for the Church, which he was refining. They would be ready by the Autumn.
ME was commencing on an Inquiry (The M4 Corridor around Newport) on 1November 2016 which could last for 6 months, including breaks. She suggested that the Inspector liaise with the Inspector for that Inquiry (Mr William Wadrup) about its precise timing. It looked as though the earliest the Birch Inquiry could start would be in May 2017, SS/PL to confirm to PINS, dependant on ME’s timetable.
It was agreed that, as the Cottee Proposal was central to the Inquiry, there would need to be a deadline imposed on the submission of the final scheme, in order that the parties had time to prepare their responses and to arrange for advocates and witnesses. The parties agreed that the final scheme must be submitted by Friday 30 September 2016. PS agreed to inform Mr Cottee. That would give 13 weeks to Friday 30 December 2016 for the Council to have taken it to Committee or portfolio holder/cabinet as appropriate and decided their position, and for all parties to have prepared their Statements of Case and submitted them to PINS. The SoCG would also be finalised by Friday 30 December 2016.
The possible witnesses for The Church Commissioners would be:
Witness Representing/topic
Bob May Turley, Planning and Heritage
Archdeacon Annette Cooper Chelmsford Diocese, the work and mission of the Diocese
Paul Lewis CC, Funding, the Churches Conservation Trust, and the Diocesan Advisory Committee
Crispin Truman Chief Executive, the Churches Conservation Trust
Stephen Scammell Quantity Surveyor, Costings, repairs and the Cottee proposal costs
Henry Freeland Architect, Condition of the building and feasibility of options
Ed Morton Structural Engineer
Bob Cowling Valuer, Strutt & Parker
There were therefore some 6 to 8 CC witnesses, to some extent depending on Mr Cottee’s proposals.
PS stated that he would call Mr Cottee as part of the Trust proposals in order to assist the Inquiry. He would also call DB, and Purcell who were the Architects for Mr Cottee’s proposals. His witnesses would give evidence about the Trust and costings. Mr Cottee’s proposals would be completed in the Autumn.
SC confirmed that if the Council decided to support Mr Cottee then they would appoint Counsel, and consider what witnesses they wished to call. But if they did not support Mr Cottee, then they may withdraw from any further involvement in the Inquiry.
SC stated that he understood that Historic England (HE) would be submitting written evidence.
ME said that Inquiry time would need to be added for other bodies eg the Victorian Society (VS) and the Ancient Monuments Society (AMS). PINS would try to ascertain if they would be attending and whether they would have barristers and witnesses.
The Inspector stated that he would wish to hold an evening session mainly for those who could not attend during the day, and probably in the village.
The Inspector proposed the following order for the Inquiry:
The Church Commissioners
Supporters of the Church Commissioners’ Pastoral Scheme
Objectors to the Church Commissioners’ Pastoral Scheme
Any other parties
6 Inquiry venue and arrangements
It was agreed that the venue for the PIM would not be suitable for the Inquiry, due to its availability in holiday time only and the likely length of the Inquiry. SS/PL would look for another venue, and would liaise with PINS.
7 Inquiry dates and sitting times
It looked as though the Inquiry would last for up to 4 weeks and begin in May 2017 or soon thereafter. A programme would be produced and distributed. It would allow a sufficient period for the preparation of Closing Submissions by the parties as well as Site Visits to the Church and to other places of relevance.
8 Statement of Common Ground
See above. The Matters in Dispute were set out in the Statement of Common Ground (SoCG) on Page 15.
9 Nature and format of evidence
The evidence would be presented as for an Inquiry with Proofs of Evidence prepared and distributed and cross-examination of all witnesses. Summaries would be needed for Proofs over 1500 words. Proofs were to be sent to PINS no later than 4 weeks before the opening of the Inquiry.
10 Site visits
These would be arranged as necessary. The interior of the Church was accessible.
11 Documents and inquiry library
There would be a need for an Inquiry website to hold all the information, documents etc. The Inspector agreed to look into this.
The current documents were listed in the SoCG. The Inspector would check that he had all of those.
12 Any other business
RC stated that there had been poor notification of the PIM. SC stated that the email from PINS had been sent to his Council email address and not to Planning Services, and it had not been picked up while he had been away. PINS would ensure that the correct email address was used in the future.
The Parish Council had not been advised of the PIM, nor had Mr Gary Cottee.
The Parochial Church Council had also not been informed. The new Team Vicar with responsibility for Birch with Layer Breton was being licensed in October, and there was a Team Rector for the Benefice who lived at Tiptree. Birch with Layer Breton was part of a United Benefice.
PINS would notify CC, the Council and the Parish Council, and those who had attended the PIM. They would also notify HE, VS, and AMS. CC would inform the PCC and Vicar and other relevant Anglican bodies in the future.
CC to clarify the point about Listed Building Consent being needed (it was thought it was not needed).
Following a point raised by RC, it was agreed that if the Cottee proposal was put forward there would need to be a new Pastoral Scheme.
The Inspector agreed to send the Draft Notes of the PIM to those who were at the Meeting to ensure that they were a correct record, before issuing a final version.
All parties are asked to note that Ms Salimi would be leaving the Church of England at the end of September, and after 30 September 2016 all correspondence was to be addressed to:
Paul Lewis,
Church Commissioners, Church House, 27 Great Smith Street,
London SW1P 3AZ
( office 020 7898 1741
( mobile 07894 930474
The PIM closed at 1142.
Stuart Reid D Arch RIBA Chartered Architect
Inspector
5 October 2016
Key dates
Date / Action / By whom / To Whom30/9/2016 / Final Scheme / Mr Cottee / PINS + all parties
30/12/2016 / Council position / SC / PINS + all parties
30/12/2016 / Statements of Case / All / PINS + all parties
30/12/2016 / Final SoCG / CC / PINS + all parties
30/12/2016 / Venue fixed / CC / PINS + all parties
30/12/2016 / Inquiry dates fixed / CC / PINS + all parties
30/12/2016 / Witness lists / All / PINS
16/1/2017 / Inquiry programme / PINS / All
4 weeks before opening / Proofs of Evidence / All / PINS + all parties
TBA / Inquiry notification / PINS / All parties
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