District facing legal challenge over approval for works to listed former church

Runnymede District Council has been taken to judicial review by local activists in a dispute over a listed redundant church building.

The Church of England has agreed the church’s sale for residential conversion.

Theresa Burton, founder of the Friends of Christ Church Longcross, said she learnt with “shock and outrage” that a retrospective listed building consent application for the Grade II listed building was approved without going to council’s planning committee and that Runnymede had decided not to take any enforcement action on other listed building issues.

Ms Burton said in a petition on change.org that more than half the original stained glass and other historic glass had been removed, while window frames had been installed made from uPVC, contrary to Historic England guidance.

She said heritage advice received by the council had noted: “The loss of traditional windows from historic buildings poses one of the major threats to our heritage. Traditional windows and their glazing, particularly to historic churches, make an important contribution to their significance.”

Ms Burton said the judicial review raised “an important point” as the applicant's agent had argued that unless listed building planning permission explicitly protects an element of the listed heritage asset, the applicant does not have to apply for listed building consent, in this case to alter and replace stained glass windows with uPVC alternatives. She said Runnymede had wrongly accepted this.

She said: “This is a critical test case of the law and one which is of relevance to the protection of heritage assets across the country and the precedent it would set.”

The claim seeks a declaration that Runnymede’s enforcement report and closure of the enforcement matter were based on legal errors and a mandatory order requiring Runnymede to reconsider enforcement pursuant to section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

It also seeks an order quashing the council’s grant of listed building consent for the alteration of a window above the front entrance porch to allow for smoke vents.

The judicial review claim was served on Runnymede just before Christmas and a judge is yet to determine if it will be heard in court.

Alex Goodman KC, of Landmark Chambers, and Leigh Day solicitors are assisting the group's case.

Runnymede has been contacted for comment.

Mark Smulian