Planning Approval Was Not Enough: A 2009 Covenant Blocks a Listed Church’s New Use

• St John’s Church in Hanley, Stoke-on-Trent, is Grade II listed and was sold by the diocese of Lichfield in 2009.
• Stoke-on-Trent City Council granted planning permission on August 15 for the Zamir Foundation’s plans.
• A covenant from the 2009 sale prohibits use of the building as a place of worship other than as a church.
• The Church Commissioners said they had explained the covenant to the owner.

A former Church of England building in Stoke-on-Trent shows that planning permission is only one of the hurdles a buyer of an old church must clear. GB News reported that a restrictive covenant attached to St John’s Church in Hanley stands in the way of its owner’s plans.

The Grade II-listed church was sold by the diocese of Lichfield in 2009. It then became a cafe and antiques centre before being sold to the Zamir Foundation, a charity that planned “a museum, multi-faith library and women’s-only gym inside the building”. Stoke-on-Trent City Council granted planning permission on August 15. The consultation drew 34 letters of support and 28 objections. Zamir Foundation spokesman Zabi Zamir had called the approval “a positive step towards enhancing community services and fostering inclusivity.”

But the 2009 sale included a clause prohibiting “the use of the building as a place of worship other than as a church.” The Church Commissioners said: “We support former churches being used for community purposes, but a restrictive covenant prohibits the use of the building as a place of worship other than as a church, and the Commissioners has explained this to the owner.” GB News reported that the Church of England indicated it would consider legal action if the covenant were ignored.

The case turns on the difference between what a council will permit and what the title deeds allow. A buyer can win planning approval and still be bound by conditions the seller wrote into the transfer years earlier.

That distinction matters in Jamaica too. Restrictive covenants are common on titles here, limiting what a lot can be used for, how many buildings can go on it or what trade can be carried on. Anyone buying a former church, church school or mission property, or buying land from a church, should have a lawyer read every covenant on the title before signing, and should not assume that a municipal approval overrides them. For returning residents buying unseen from abroad, that check is essential.

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