PUBLIC INQUIRY RESULT:
Community wins fight
Opening Statement on behalf of Save St Mark’s Action Group. Download PDF »
Church Commissioners:
Backing our case
Public Inquiry runs over five days:
7–9 Oct & 17-18 Nov.
The powerful Church Commissioners are backing our case at the Public Inquiry to save St Mark’s.
The Commissioners – who answer to Parliament – have submitted their statement to the Planning Inspector which he will have to take into account at the Public Inquiry which begins on 7 October.
They say the Diocese must back a church bid over a business bid, when they’re able to do so.
Although the Diocese has a contract to lease the building to a company registered in the tax haven of Jersey, ‘its ownership will remain vested in the Diocese of London’, they say.
That means ‘the use of the building remains within the legal ambit of the [relevant piece of legislation] Pastoral Measure 1983.’ Bearing that in mind, they state in the submission:
‘The Commissioners believe that the Diocese of London should seek to enter negotiations with the lessee to secure a settlement such that the church building could be brought back into use as an Anglican church by Holy Trinity, Brompton.’
The submission has been welcomed by the Save St Mark’s Action Group Coordinator, Kirk Mitchell.
‘What this means is that the Church Commissioners intend holding the Diocese to account.
‘They’re saying the law prevents the Diocese from just shrugging off its legal responsibilities to the community, by cashing in on a building, albeit at an undervalue in order to prop up failing parishes.’
The Commissioners’ submission, drafted by the Closed Churches Secretary, Paul Lewis, a qualified town planner, indicates their support for an alternative bid by Holy Trinity, Brompton to take over the church and obligations to put and keep it in repair.
He says in a letter to the Inspectorate, following a meeting of the Church Commissioners’ Committee on 15 July 2009:
‘An important consideration in the planning appeals is the availability of an Anglican church which could make use of the building for the purpose for which it was intended.’
He adds that what matters in law for a redundant church lease is whether it is ‘suitable use and not best price, unlike usual charitable law’.
This contradicts the Diocese’s plan to plough ahead with a lucrative lease to offshore vehicle Mayfair Land Ltd, to create a ‘wellness centre’ in the church, against the wishes of the community, the local Council and another Anglican church that wishes to take it over.
Our case will focus on the loss of a community facility, the intended damage to a Grade 1 listed building, and the claim that the proposal is a ‘medical centre’.
The appeal result:
Hammer loses
Inspector throws out Hammer’s appeal
A Planning Inspector has turned down the latest attempt by a wealthy Polish businessman to exploit a redundant community church in London for profit.
The plans sparked a huge campaign by locals backed by Westminster City Council who last year refused George Hammer and Mayfair Land Ltd’s application to turn St Mark’s Church, North Audley Street, into a ‘Wellness Centre’ for Mayfair’s elite.
Now his appeal against refusal of both listed building consent and planning permission, which took five days of hearings at City Hall in October and November, has been refused too.
The Inspector Paul Jackson announced his decision on Monday 15 December.
He said: ‘The wellness centre would not provide the range of community facilities that would be available from a church use, especially to the more needy; and this weighs against it.’
He added: ‘The building would no longer be available for baptisms, church weddings, funerals and other ceremonies associated with religious belief nor would it cater for the desire of individuals for a place of solace and prayer.’
He said there were already ‘other private health facilities’ in the area.
His other main concern was the damage to a Grade 1 listed building which the plans entailed:
‘The listed building concerns are of sufficient gravity to persuade me that there are no changes that could be made without needing a new application.’
Kirk Mitchell, the builder who has coordinated the Save St Mark’s campaign from his flat on the Peabody Estate in Balderton Street behind the Church, expressed relief:
‘Finally, the Church of England and the Bishop of London have the freedom to manoeuvre to preserve this place as a church for the Mayfair community which is what we have been fighting for.’
Campaign president Lady Sainsbury said the decision was ‘a vindication’ of the community’s fight:
‘I want to thank the Inspector for coming to the same conclusion as those of us who want to keep the place as a church to worship in.
‘This is a vindication for those living in the area, who have worked so hard to keep it available for community use.’
She said the Action Group would now be seeking a meeting with Mr Hammer. ‘We shall want to sit down with Mr Hammer to work out how a better future for this magnificent building can be secured.’
Mayfair Land bought the lease in September this year, totally at risk and without the necessary consents – and is now obliged to keep in good repair a building that they claimed, in the Evening Standard, was so dilapidated worshippers would have to wear hard hats.
Commented the Inspector: ‘The lease has been entered into willingly by the appellant, despite not having the necessary consents, at risk.
‘For that simple reason I do not doubt, on the balance of probabilities, that refusal would lead to negotiations between the Diocese and the appellant.’
The church was made redundant as a parish church in 1974, but housed an independent congregation for the last 14 years providing evangelical worship and social care particularly for the elderly on the local Peabody Estate. That congregation was evicted by the Diocese in October 2008 - two months before planning permission for the ‘wellness centre’ was refused by Westminster City Council.
The Inspector commented that of nine planning applications in the past 30 years, only two were permitted, and both of those came to nothing.
Bishop rejects Hammer's latest offer
Lady Sainsbury, as President of SSMAG, issued a statement today (Friday 15 May 2009) thanking the London Diocesan Bishop’s Council for rejecting George Hammer’s revised terms of £55,000 per annum to lease the contested church, St Mark’s North Audley Street, in London.
Hammer, who runs Aveda hair products and owns other former church buildings in London, still has the option to purchase St Mark’s if he wants to, but would have to pay the original premium (we believe £1m plus another £1m over ten years) plus the repairs liability, all without planning permission, which was refused when it went to Westminster City Council last December.
‘The Action Group are naturally delighted with the result and recognise the difficulties the Diocese continues to face in bringing this saga to a close.
‘I hope that this decision represents the first step towards the Diocese securing the church as a place of worship, which is what I and the group will continue to campaign for.’
Kirk Mitchell, 39,who has led the grassroots campaign from his home on the Peabody Estate in Mayfair, said:
‘It is good that the Diocese has been able at last to see not only the commercial value of its Mayfair real estate, but also the incalculable value we put on the services the church provides this community.
‘There are 400 souls on this Estate that were totally neglected by any other church in the parish. There are 6,000 people in North Mayfair who have no other community space.
‘The war may not be over, but this round of it has come right, and we look forward to welcoming back a lively, out-going congregation to this building as soon as possible.
‘We shall continue to fight with everything we’ve got to ensure that justice is done for the people of North Mayfair.’
‘WE WILL FIGHT ON’:
LADY SAINSBURY in March
London Diocese’s decision on 16 March to sell St Mark’s Church, North Audley Street on long lease to Hammer Holdings, despite an equally lucrative offer from another church increased campaigners’ resolve to fight on.
Lady Sainsbury, who led a 30-strong protest outside diocesan offices in Causton Street, London last night, said ‘We will continue to fight for as long as it takes’.
The fate of the Grade 1 listed church whose burgeoning congregation was evicted in October last year, still hangs in the balance, despite winning a planning decision against the building’s conversion to a health spa.
The Finance Committee, consisting of 25 men – 12 of them clergy – and one woman had to pass a cordon of protesters from the local community, the evicted congregation Commonwealth Christian Fellowship, and friends, some carrying placards and wearing red caps, shouting ‘Save St Mark’s’, and singing hymns.
Passing motorists and diocesan staff emerging to go home from work also joined in the shouting, as Lady Sainsbury, carrying a megaphone, denounced the decision to sell as ‘a grave error’.
‘We believe that the decision to sell is wrong. It is wrong because Holy Trinity, Brompton Road can repair and use the church for the purposes for which it was designed and dedicated; it is wrong because they will be rushing through this sale today, just to get shot of the problem. It is wrong because they will be ignoring two ancient covenants that commit the land on which the church is built “for ecclesiastical purposes forever”.’
She accused the Diocese of using its heritage as ‘a cash cow’.
The Archdeacon of Charing Cross, who has responsibility for Mayfair parishes, said in a letter he released to the press last week that there was no need for the church. But HTB are known to be overflowing from both their churches in Brompton Road and in Onslow Square.
‘It appears the Diocese is not merely selling its heritage, but is actively preventing spiritual growth as well,’ Lady Sainsbury added.
Shock Sale: Now England's spiritual assets are up for grabs!
The local community and the planners want a church! The Diocese wants a sale!
Despite our historic planning victory at Westminster City Council before Christmas, the Archdeacon of Charing Cross is hell bent that St Marks, North Audley Street should go in a Spring Sale. We don’t know how cheap.
Despite the fantastic support of the local community which upset George Hammer’s plans to turn the landmark church into a private spa, the Venerable Dr W Jacob, who has responsibility for the parishes in Mayfair, has announced in a letter to Campaign President Lady Sainsbury that he wants to cash in.
‘The proposal being put to the Finance Committee is now to lease the church to George Hammer with immediate effect’, he said.
The church and the state appear to have swapped roles!
The campaign led a protest on 16th March at the diocese HQ when the proposal to sell came before the Diocesan Finance Committee.
Don’t let St Mark’s close for worship or community use!
The Campaign
The Save St Mark's campaign is to keep open this important historic building as a place of worship and as a facility to serve the local community.
St Mark’s is a Grade 1 listed building, constructed to serve the growing populationof Mayfair. Designed by J.P. Gandy-Deering (1787-1850) in the Greek Revival style, it originally accommodated 1,610 people, as a chapel of ease to St. George’s Hanover Square.
Hammer Holdings, founded by beauty magnate George Hammer who developed The Sanctury in Covent Garden, want to convert the Grade I listed St Mark's Church, North Audley Street W1 into a Wellness Centre, complete with pool on the roof.
Campaigners are furious that the Diocese appears to be off-loading it rather than finding other ways of serving the wider community.
They are also outraged that the Diocese has evicted the Commonwealth Christian Fellowship, who have been maintaining the building for the last 14 years, and despite their service to local people and a flourishing local youth ministry - see The Church for where they now meet.
The Save St Mark's Action Group was formed last year to keep open this, one of the capital's most historic churches. President Lady Sainsbury has said:
"It's a wonderful Grade I listed building with a tremendous history. It's a terrible indictment on society and on the Church if we are not able to keep this wonderful place open when there was a vibrant congregation there. I feel very strongly about it."
Hammer Holdings application is being opposed vigourously by the Action Group. Kirk Mitchell, a local resident and the Group's Co-Ordinator said:
"We feel betrayed by the Diocese and will fight to see the building used for service of the wider community rather than see it being used for pampering the few who can afford it."