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West End Extra - by JAMIE WELHAM
Published: 28 November 2008
 
St Mark's Church could become a health spa
St Mark’s Church could become a health spa
Bishop to probe covenant that could save historic St Mark’s

Boost for campaigners as fight goes on to block developer’s plans for health spa

THE Bishop of London is set to launch an enquiry into controversial proposals to convert historic St Mark’s Church into a health spa following pressure from objectors.
Campaigners are this morning (Friday) hoping for an 11th-hour intervention after Bishop Richard Chartres promised campaign leader Lady Sainsbury he would investigate the status of a 175-year-old convenant stipulating that the land can only be used for worship.
The Diocese of London plans to sell the church to developer George Hammer if his proposals get the go-ahead at a planning meeting on December 11.
It comes after Bruce Streather, the lawyer advising the group fighting the proposals, said it was unlikely the Mayfair church could be saved by the covenant.
Mr Streather only learned of the covenant following enquiries by the West End Extra earlier this month. Turning the church into a health spa would be “morally wrong”, he said, but unless original landowners Grosvenor Estate break their silence to enforce the condition it cannot go to court.
Mr Streather said: “From a legal perspective it has little mileage.
“We have explored it and if we could do anything legally we would do it.
“It is morally wrong. The church plans not to observe the purposes the land was sold for.”
Lady Sainsbury wrote to the Bishop of London demanding to know why the diocese is flouting the covenant.
Despite the condition consecrating the land to “Ecclesiastical purposes forever”, enshrined in the 1824 transfer deeds from when it was given to the Church Commissioners, any legal challenge rests on an obscure document known as the “Assignment of Benefit”.
It is understood the document has not been passed down through the years as the Grosvenor Estate has changed from a family landowner into an international property development company.
The Estate has been tight-lipped ahead of the meeting that will seal the fate of the historic Grade I-listed church in North Audley Street. But in previous development bids, it has weighed in to object.
Campaigners maintain that if plans are approved and Mr Hammer is allowed to redevelop the building as a spa, it will be a breach of the covenant that has never been revoked.
The diocese maintains any development does not amount to a breach because any rent received from the building will be ploughed back into the church.
A Diocese of London spokesperson said: “We have taken full legal advice and have consulted Grosvenor, the original freeholders, on this matter.
“The proposed use of the church does not break any covenants as the rent received will be used for ecclesiastical purposes by the diocese.”
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