The High Court is being asked to determine whether liturgical alterations to a listed Catholic church are exempt from the planning laws, in a test case that could have implications for the protection of historic ecclesiastical buildings.
Mgr John McDonald, parish priest of St Mary's Church, Edenderry, Co Offaly, has sought a judicial review of a ruling by An Bord Pleanála that some of the internal alterations he proposed would need planning permission.
He claims that the board did not attach sufficient weight to the church's own Canon Law, which provides a diocesan bishop "with the necessary authority for making decisions in respect of the pastoral needs and liturgical requirements of a particular church" .
Decribing the board's decision as "totally unreasonable", Mgr McDonald has requested the High Court to set it aside. He is also seeking an order of discovery of all documents relevant to the case as well as his own legal costs in taking the action.
In his affidavit, he said the proposed works were intended to "simplify, brighten and unify" the interior of St Mary's Church, which was designed in Hiberno-Romanesque style by W.A. Scott and completed in 1918. Its altar, pulpit and communion rails were added in 1929.
Since the church is a protected structure, a declaration was sought from Offaly County Council under the 1999 Planning Act that the works were purely liturgical in character and, therefore, "exempted development" (i.e. not requiring planning permission).
The council's declaration was subsequently referred to An Bord Pleanála by Dúchas, the Heritage Service, because it believed that some of the alterations could not be justified on purely liturgical grounds as they would involve a major overhaul of the church.
Dúchas was said to have held the view "unequivocally" that the nature and extent of the works proposed to the church - which include redesigning the main entrance, moving the sanctuary forward and extending the gallery - would materially affect its character.
"The general thrust of the Dúchas reference is to question in principle the practice adopted by the planning authority in effectively facilitating a blanket exemption from the need to apply for planning permission", according to Mr Keith Sargent, the board's planning inspector.
He concluded that the use of a declaration that such works were exempt would have the effect of weakening Irish planning legislation "at the very moment it has been strengthened to facilitate the protection of the architectural heritage in line with the Granada Convention."
Mr Sargent recommended that all internal alterations proposed for St Mary's should be deemed to require planning permission. An Bord Pleanála agreed, but ruled that a new sanctuary and conversion of the baptistry into a reconciliation room would be exempt.
The church's architect, Mr Eamon Hedderman, said many of the proposed alterations "reflect the changes which will be necessary in a whole variety of churches, though obviously the decision to do so and the timing of such works is a matter for the bishop in each diocese."
In his affidavit for the judicial review case, Mr Hedderman said: "The decision resides with the bishop for the relevant diocese who is entitled, as a matter of Canon Law, to form a view as to the appropriate modifications to be made to each place of worship".
Noting that the Catholic Church held a significant number of buildings which are now protected structures, he said: "It is a matter of concern that churches which are actually in use and which evolve to reflect the changing requirements of the church should be effectively paralysed."
The Department of the Environment refused to release documents on the case to The Irish Times under the Freedom of Information Act on the basis that all these papers, which include exchanges with the Attorney General's office, relate to a pending court case.
