The Saga

The war, the Americans and the redundancy

During the war St Mark's became the spiritual home of American service personnel, mainly based in the Supreme Command HQ in nearby Grosvenor Square; it was Gen Eisenhower’s church. By 1953 the church was referred to as the “US Navy Church in London”. It thus became the American Church in London and a growing congregation thrived there. According to SAVE, the American Church offered the Diocese $200,000 for the building. This was refused and they were offered a 20 year lease instead; being insufficient for a long-term future and the investment needs of the building, they left. That was the early 70’s.

In 1974 the church was declared redundant and the Parish reverted to St. George’s Hanover Square. Following redundancy, the London Diocesan Redundant Churches User Committee (DRCUC) recommended a number of different uses. The London Diocese then formally took control.

For the next 20 years the Diocese allowed the church building to remain vacant and to fall into disrepair through disuse.

Sell, sell, sell

From the late 1970’s there followed a 30 year period of failed disposals and/or planning submissions, for alternative uses; for example:

In 1979 planning permission was refused for a shopping arcade;
In 1984 an application to turn the church into a restaurant and local resident’s meeting room was refused;
In 1986 a further application to convert the building into a restaurant was turned down on grounds of lack of car parking;
In 1988 Westminster received an application to convert the building into an art auction house, gallery and venue for art-related education, but the prospective lessee withdrew the application shortly afterwards, as did another potential buyer who proposed using the building as a private museum;
In 1990 an application to convert the building into a banking hall was refused, both on ground of design and the office extensions;
In 1993 another refusal to convert the building into a restaurant;
More recently an application for an internet office was withdrawn.

In 1987, English Heritage placed the church on their “Buildings at Risk” register.

In 1992 Michael Hall commented in a Country Life article - “Diocese of Dilapidation” - that “..the Diocese has inflexibly pursued the policy that a commercial use for the church must be found.” Mr Hall went on to say that: ”As at St Mark’s, the reluctance to let these buildings be used for religious or community purposes can only be explained by a desire to realise the immense commercial value of their sites.”

Commonwealth Christian Fellowship: 1994-2008

In May 1994 the Commonwealth Christian Fellowship (CCF), a free evangelical church, began using the building under License and cleared the debris and pigeon droppings from the building. It obtained a Lease in November 1995, installing a new heating system and decorating the church. In the summer of 2006, the CCF gave up the lease, as they were unable to raise the necessary finance to repair the building (which, had they been able to, would have attracted matching grants). This coincided with the Diocese’s latest moves to off-load the building – see below. CCF reverted to a Licence and continued to maintain the building.

The church is now under new leadership and growing, with 120 adults and 45 children. Under Pastors Rod and Julie Anderson the church is involved in a range of community activity and support programmes.

In June 2008 the Diocese serves Notice on CCF to vacate – see later.

The 2003 Planning Brief and the 2004 “marketing”

The Diocese of London cooperated with the City of Westminster and English Heritage in the preparation of a formal planning brief, intended to guide the future use of, and any alterations to, the building. Described in the Brief as “one of the finest churches in Westminster”, it confirmed the priority to see the building retained as a place of worship. The Diocese gave undertakings to use the Brief in future marketing of the building and to market it widely (various measures were set out).

Isaiah 22v22 In 2004 the Diocese’s agents, Biscoe Craig Hall, quietly put the building on the market. This exercise, contrary to the Diocese’s clear undertakings, was incredibly low key. A plain set of typed details on a single sheet of A4 was circulated via an agents mailing list; at the bottom of the sheet the postal address of the City Council was given, for those who may wish to see the Planning Brief. No advertisement was placed.

No details of this exercise were included in the current application documentation, notwithstanding a lengthy recital of all other past efforts. Despite recent requests by the City Council to know what happened, the Diocese has so far failed to respond.

The Hammer deal

The Diocese has never revealed who made bids for the building. We do know that the Agora Trust made a bid to keep the building open for worship and other community activities, as part of a scheme to use it for conferences and as a venue.

Sometime in 2005 agreement was reached with Hammer Holdings (listed as a car park operator and security firm). George Hammer is an entrepreneur whose other ventures have included The Spa, Covent Garden, and Urban Retreats at Harrods. He proposes a “Wellness Centre”; one of the attractions to the Diocese was that they were told no change of use was involved – thus avoiding the planning hurdles that have obstructed them in the past. However, the campaign forced him to accept a chage of use.

The original contract was signed in 2006, allowing Hammer till April 2008 to get the necessary consents, failing which the contract would lapse. He didn't; this diocese extended the contract!

Redundancy revisited - 2005/6

During 2005 the Diocese prepared an amending redundancy scheme in order to
accommodate Hammer’s Wellness Centre. This proposal was greeted by strong opposition
from church members, neighbours and interested parties. The Diocese was forced to
withdraw the scheme and the meeting of the Church Commissioners to consider it, due to be
held on 15th December 2005, had to be cancelled.

Roof So, in 2006 they prepared another redundancy scheme. To get this through, on 31st January 2006 the London Diocesan Fund (LCF) wrote to the then Pastor of CCF suggesting the wording of a joint statement by LDF and CCF to go to the Church Commissioners in order to enable the amending redundancy scheme to proceed. The wording of this statement was agreed on 16th February 2006 and contained a statement that LDF:

"…would assist CCF in looking for alternative accommodation and CCF have agreed to vacate the building on 3 months notice which can be given at any time once the amending redundancy scheme is brought into effect and planning permission and listed building consent granted which is expected to be in May/June 2006".

However, the actual Licence produced by LDF subsequently had only 2 months notice rather than 3 months; and none of the redundancy/planning triggers. This was accepted by CCF (in February), on the basis that, according to the Statement, planning permission and the redundancy scheme would be in place by July 2006 in any event. The Church Commissioners approved the Redundancy Scheme. That statement proved to be misleading, as the Hammer application did not get submitted for well over a year later, in October 2007 and was not be heard by a sub-committee until December 11th 2008.

The Hammer planning application

Hammer applied to Westminster during 2006 for a Certificate (a CLOPUD), allowing him to use the building for uses that were “medical [in] nature”. No publicity was given to that application and it went through unchallenged. Since then, the objectors have gone through the material in detail, including by planning consultants and expert Counsel, who find the claims to be unsubstantiated; Westminster should never have given such a Certificate.

Hammer eventually made his applications in October 2007, for planning permission and listed building consent. Contrary to the Diocese’s expectations, it included two elements that do involve a change of use and described as “enabling” developments – a restaurant at the rear (facing Balderton Street) and residential accommodation, accessed from his adjacent property in North Audley Street. These elements get withdrawn under pressure from objectors.

Objections galore

Statue Save St Mark’s Action Group was formed in 2007 to focus local opposition to the Hammer applications and the closure of what they regard as an important community facility. Letters and emails (including from the US) have poured in, from residents, SAVE (who ran a very successful campaign in the 80’s against a Garfunkels – From Holiness to Hamburgers), local businesses and professionals. Petitions have been raised and a public meeting was held.

The applications have been scrutinised by planning experts and a planning barrister. They find serious objections to the applications as they stand, despite the further information and minor amendments submitted.

Unanswered Questions

In October 2008 Lady Sainsbury raised a series of unanswered questions which remain over these applications:

Why has no viability appraisal or business case been submitted?
Why has no evidence or funding been submitted?
Why have no assurances been given that the building will be repaired and restored?
Why did the Diocese fail to undertake the “thorough marketing” they committed to do in the Planning Brief?
Why did the Diocese reject the Agora Trust alternative proposals in 2004, which would retain the church as a place of worship?
Why did the Diocese expel the Commonwealth Christian Fellowship, in October, contrary to assurances given to them?
Why has the Diocese not responded positively to Holy Trinity Brompton's proposal to take on the building?
Has the Diocese put pressure on Holly Trinity Brompton not to put forward more detailed proposals?

They think its all over …

In November 2007 the Planning Officer visited the church with Mr. Hammer’s architects and associates, and in the context of the planning history of the property told the Pastor’s wife that “you should really think about moving on and finding somewhere else” even though the planning application had not been determined.

Church March 2008: Under pressure from objectors to demonstrate viability and the availability of funds, the Diocese (surprisingly, rather than the applicants), provide the only evidence which the City of Westminster has received that Hammer has the money to proceed with purchase, repair and restoration of the church. They confirm that "such funding is available".

At the end of April 2008 Hammer's contract expired as planning permission had not been obtained by that deadline. However, the Diocesan Finance Committee promptly granted an extension to the contract even though planning consent was far from certain and CCF were expanding rapidly.

In May 2008 the Bishop of London tells Lady Sainsbury (president of SSMAG) and the Pastor’s wife, at 10 Downing Street, that: "We anticipate it will be all over by the end of the summer."

On 18th June 2008, for no logical reason, and with planning still at least a year from being resolved and contrary to the assurances given in 2006, Notice is served on CCF to vacate the church, giving them just two months to do so. CCF manage to negotiate an extension till 22nd October 2008.

July 2008: Westminster conclude, based on SSMAG’s representations, that the Hammer scheme constitutes a change of use to a Wellness Centre.

On 19th August 2008 Westminster notify the public that the application has been amended to a Wellness Centre, a sui generis use (use of its own kind, not falling in any Use Class – a place of worship falls in Use Class D1). Objectors are given till 9th September to lodge their objections.

On 11th December 2008, the Westminster City Council Planning Committee considered Hammer’s planning and listed building applications for a Wellness Centre. The Planning Officer had declined to make a recommendation in favour, putting the issues in front of the Committee, for them to decide. A packed Council Chamber listened as local Councillors spoke against the plans; then the Committee Chairman and each Member in turn expressed their objections. The plans were unanimously rejected, on sound planning grounds.

The Archdeacon of Charing Cross, who has responsibility for parishes in Mayfair, made a surprise move on 12th March 2009 when he delivered a letter to SSMAG President, Lady Sainsbury, whilst simultaneously making it public (and passing it to the press), explaining that there was no need for another church in the area and that he planned to lease the church to Hammer “with immediate affect”, leaving the developer to deal with planning. Lady Sainsbury replied later than day to express her strong opposition, with reasons, for such a sale.

The public nature of the Archdeacon’s move caused Holy Trinity Brompton (HTB) to write too, on 12th March. “There is certainly a need for the building in the Anglican church. We are Anglican and we need the building” he wrote. He explained that HTB were overflowing and wished to return the building to a church for worship – just as they they had recently at the reopened St Paul Onslow Square, where they had seen it grow from 0 to 1,000 people in 18 months. They are offering to rent the building.

In early 2009 the Diocese was asked to consider a new deal by Hammer. The proposal is believed to have involved Hammer taking an immediate lease – and therefore liability – from the Diocese allowing him to pursue the planning consent – and suggesting that this would taking the heat off the Diocese. In return he would pay a low rent (some £55,000 a year) rather than a high premium (understood to be £1m down and another £1m over 10 years). The Finance Committee decided to go for it, notwithstanding a delegation led by Lady Sainsbury greeting the committee as they gathered to meet. When their decision was made there was a public outcry and pressure mounted for the decision to be reviewed. The Bishop’s Council duly met on the 14th May. They decided to reverse the Finance Committee's decision and Hammer now reverts to his 2006 contractual position.

In July 2009 the church commisioners baled out the diocese by issuing a new Redundancy Scheme to support this deal they had done.

In September 2009 the diocese lease the church to Mayfair Land, an off shore company, supported by a guarantee from another off-shore company. Hammer enters into a management deel with Mayfair Land Ltd.

Public inquiry into plans

In late May 2009 George Hammer appealed to the Secretary of State against the December refusal of their “Wellness Centre”. A Planning Inspector will now hear the case being made by the three main parties: Westminster, Save St Mark’s Action Group and Hammer’s team.

SSMAG were delighted to be a main party to the Inquiry, and assembled a team of experts under their Counsel, John Pugh-Smith, a leading planning barrister.

Meanwhile Westminster set in motion enforcement action against the Diocese for the ugly and illegal fencing they erected around the church.

The Public Inquiry took place in October and December 2009.

On Sunday 22nd September Hammer holds a London Fashion Week show featuring Antonio Berardi’s creations. This is contrary to their lease, planning and the redundancy scheme.

Latest

The inspector issued his decision on the appeal on 15th December 2009.

The campaign issued this news release:

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.