Colchester St Martin Diocese of Chelmsford
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Draft Pastoral (Church Buildings Disposal) Scheme This scheme is made by the Church Commissioners (“the Commissioners”) this day of 2020 under the Mission and Pastoral Measure 2011. Background 1. By a Scheme of the Commissioners made pursuant to the Pastoral Measure 1983 and confirmed by Her Majesty in Council on the 19th day of December 1991 (“the 1991 Scheme”) the redundant church of Saint Martin, Colchester in the Diocese of Chelmsford (“the building”) was appropriated for use for civic, cultural, community or office purposes and the Chelmsford Diocesan Board of Finance (“the Board”) was empowered to lease the building for the said uses. 2. By a further Scheme of the Commissioners, made pursuant to the Pastoral Measure 1983 and confirmed by Her Majesty in Council on the 11th day of April 1995 (“the 1995 Scheme”) clauses 2 and 3 of the 1991 Scheme were revoked and it was provided that the Churches Conservation Trust should be responsible for the care and maintenance of the building and its contents. 3. It is now desired, with the agreement of the Secretary of State, to make new provision for the future of the building. NOW, it is provided as follows:- Future of the building 1. Clauses 2, 3 and 4 of the 1995 Scheme are hereby revoked 2. The building shown hatched on the attached plan shall be appropriated to use for worship services and other religious activities in accordance with the rites and customs of the Antiochian Orthodox Church and for purposes ancillary thereto. Disposal 3. The Commissioners are hereby empowered to sell the building for the said use with the benefit of the rights granted by Schedule 1. Contents 4. The contents of the building shall be disposed of as the Bishop shall direct subject, so far as it is required, to listed building consent being granted. Coming into operation of this Scheme 5. This Scheme shall not come into operation until such date as the Commissioners shall determine following the making of this Scheme and the Commissioners shall not be obliged to bring the Scheme or any part thereof into operation until such time as they are satisfied that the conditions specified in Schedule 2 have been complied with but may do so if they so determine. In witness of which this Scheme has been duly executed as a deed by the Church Commissioners. Executed as a Deed by the Church Commissioners for England acting by two authorised signatories: ------------------------------------------------- Signature of Authorised Signatory --------- ---------------------------------------- Signature of Authorised Signatory Plan Schedule 1: Grant of Rights of Way To enable the building to be used for the purpose specified in the Scheme, the following rights shall vest in the Commissioners for the benefit of the building:- (i) A right of way on foot only for the purchaser and all persons authorised by it over and along the pathways in the remaining churchyard leading to the building. (ii) A right for the purchaser to the passage of soil, water, electricity, gas and telecommunication services through any sewers, drains, wires, cables and other conducting media (“the services”) now laid or to be laid upon or above the remaining churchyard. (iii) A right for the purchaser and all persons authorised by it upon reasonable prior notice in writing to the parochial church council of the parish within the area of which the building is for the time being situated, or without notice in the case of emergency, to enter with or without vehicles, equipment and apparatus upon such parts of the remaining churchyard as may be necessary for the purpose of inspecting, repairing, maintaining or renewing the services subject to the person exercising such right causing as little damage as possible to the remaining churchyard and any graves, tombstones, monuments and memorials therein, and subject to the purchaser making good any damage so caused to the reasonable satisfaction of the said parochial church council or other person for the time being responsible for the care and maintenance of the remaining churchyard and (iv) All rights and easements appertaining or reputed to appertain to the redundant building (in common with all others entitled to the like rights) including (without prejudice to the generality of the foregoing) the rights and easements reserved by a Conveyance dated the 12th day of September 1986 and made between the Board and Colchester Borough Council. Schedule 2: Conditions (i) That the intended recipients of the building are financially able to implement the proposed use. (ii) That Planning Permission and Listed Building Consent has been obtained for such alterations as are necessary to enable the implementation of the proposed use. EXPLANATORY NOTE MISSION AND PASTORAL MEASURE 2011 DRAFT PASTORAL (CHURCH BUILDINGS DISPOSAL) SCHEME COLCHESTER ST MARTIN DIOCESE OF CHELMSFORD This note accompanies a draft scheme under the Mission and Pastoral Measure 2011 which makes provision for the future of a closed church building. The Church Commissioners provide this information so that individuals and interested parties can understand the background to the proposals, make a reasoned judgement on the merits of the draft scheme and, if they see fit, a reasoned expression of support or objection to it. The Current Proposals The Commissioners have agreed to publish a draft Pastoral (Church Buildings Disposal) Scheme providing for the closed church of Colchester St Martin to be devested from the Churches Conservation Trust (CCT) and sold for worship to the Antiochian Orthodox Church. The draft scheme, which this note accompanies, contains provisions for the sale of the church building for use for worship in accordance with the rites and customs of the Antiochian Orthodox Church (AOC). Background The building was vested in the Diocese of Chelmsford for lease for use for civic, cultural, community or office purposes in 1991. However, these uses were not implemented and in 1995 the building was vested in the CCT for care and maintenance. The AOC offered to purchase the building for its own worship use and the CCT requested the approval from the Commissioners and the Government’s Department for Culture, Media and Sport for the devesting from the CCT and sale, which was granted by both bodies. The Building St Martin's is located on West Stockwell Street to the southeast of Colchester Town Hall and is a spectacular Medieval church with a colossal truncated tower. It is thought to have Anglo- Saxon foundations and is an important remnant of the town’s early medieval origins with extensive later medieval fabric and therefore archaeologically sensitive. The earliest visible fabric from the twelfth century is in the nave and in the west tower, which also contains reused Roman bricks. The long chancel with its unusual fourteenth century traceried arch- braced truss forms a screen to the sanctuary. The transepts and aisles were built (or rebuilt) in the late fourteenth or early fifteenth century. The tower was repaired in truncated form after its partial collapse and siege damage in the seventeenth century. The church was restored by Sir George Gilbert Scott in 1876, E J Dampier in 1882-3 and the Revd Ernest Geldart in 1891. The Views of the Statutory Advisory Committee The Commissioners statutory advisors, The Statutory Advisory Committee of the Church Buildings Council (SAC) in its early advice concluded that the church is a Grade II* listed building of moderate to high significance with limited scope for change. The SAC was consulted on the proposed worship use and is of the opinion that the significance of the building warranted its vesting in the CCT in 1995 in the absence of a suitable alternative use, and advised that the building still merits preservation either by use as a monument or by conversion to a suitable new use that will protect its character and interest and welcomed the prospect of the proposed AOC worship use. Planning and access Colchester Borough Council has granted Listed Building Consent for the AOC’s proposed alterations to the building with conditions relating to the detail of these works. Pedestrian access to the building is through the churchyard which is directly off West Stockwell Street. Parking is restricted on West Stockwell Street and surrounding streets but there are several car parks within walking distance. Burials and the Churchyard The churchyard contains burials but is not affected by the draft Scheme as it is only the building that is to be sold for worship use by the AOC. The churchyard continues to belong to the Parochial Church Council but Colchester City Council is responsible for its maintenance. Correspondence Further information about the proposals may be obtained from the Case Officer, Karen Abaka-Wood by e-mail at [email protected] or by telephone at 07825 854 938 . Representations against or in support of the draft Scheme Anyone may make a representation for or against any provision of the draft Scheme. Representations should be sent to: Representations Closed Churches Division, Church Commissioners Church House Great Smith Street London SW1P 3AZ Or by e-mail to: [email protected] Any communication received after Thursday 5th November 2020 cannot be treated as a representation. If we receive representations against the draft Scheme, we will send all representations, both for and against, to the Bishop, whose view will be sought. Individual representors will then receive copies of our correspondence with the Bishop (including copies of all the representations) and they may comment further in writing to us in light of the diocesan response if they so wish. If no representations against the Scheme are received the Commissioners shall make the Scheme and bring it into effect as provided for in the scheme and explained above. Information on the Mission and pastoral Measure 2011 and its procedures can be found on the Church Commissioners’ website at www.ccpastoral.org where there are also links to download copies of these notes and the draft scheme.