Article 4 Request to Commission for a declaration that no approval is required under the Measure

(1)

Subject to the requirements of section 6(2C), the Commission may, if requested by the Chapter under sub-rule (3) of this rule, make a declaration in writing that no approval of a proposal is required under the Measure.

(2)

A Chapter may only request the Commission to make such a declaration where the proposal does not relate to the cathedral church or a building within the precinct of the cathedral church for the time being used for ecclesiastical purposes.

(3)

Where a Chapter proposes to carry out works, including works of repair or maintenance on, above or below land vested in the corporate body and those works would materially affect—

(a)

the immediate setting of the cathedral church, or

(b)

any archaeological remains within the precinct of the cathedral church,

then, if planning permission, listed building consent or scheduled monument consent is required for the carrying out of all the works to which the proposal relates, the Chapter may request the Commission to make a declaration that no approval is required under the Measure for the proposal.

(4)

Any request by a Chapter under sub-rule (3) shall—

(a)

be made in writing in Form 2 in Schedule 2, and

(b)

be accompanied by plans, drawings, specifications or other documents adequately to describe the proposal or intended proposal.

(5)

Before making any declaration as requested under sub-rule (3) of this rule the Commission shall—

(a)

consult the local planning authority, the fabric advisory committee and English Heritage as to the matters in sub-rule (3), and

(b)

be satisfied that any considerations relevant to preserving the immediate setting of the cathedral church or any archaeological remains within the precinct of the cathedral church will be or have been adequately taken into account by the person or body responsible for granting the planning permission or consent.

(6)

For the purpose of consultation under sub-rule (5)(a) the secretary of the Commission shall request each of the bodies specified to reply to the consultation within 28 days, but if no reply is received from one or more of those bodies within that period the Commission may nevertheless proceed to decide whether or not to make a declaration that no approval is required under the Measure.

(7)

Within 28 days from the expiry of the period for replying to consultation under sub-rule (6) the Commission shall, if satisfied as to the matters in section 6(2C) make the declaration requested, or if not so satisfied shall decline to make a declaration, and the secretary of the Commission shall notify the Chapter accordingly.