Cornish Crosses  

By Andrew Langdon

 For the Federation of  Old Cornwall Societies

 Legislation, Scheduling, Listing etc

LEGAL PROTECTION

By far the majority of Cornwall's stone crosses are Scheduled Ancient Monuments and are therefore legally protected.  Scheduled Monuments come under the control of the Department of Culture, Media and Sport (DCMS) with English Heritage acting as their agents.  As such it is illegal to damage, move, or carry out work on a cross without consent from the DCMS, known as Scheduled Monument Consent (SMC).  The DCMS website is at www.culture.gov.uk/

If the cross falls into disrepair or is in need of restoration, Scheduled Monument Consent needs to be obtained before any work can be carried out.    Protection is also afforded to the area of ground immediately around the monument and below it. Therefore it is also a criminal offence to dig in close proximity to an ancient cross or other scheduled antiquity.    Some crosses are also recorded as Listed Buildings and are legally protected and controlled through the local authority's planning department. Sometimes crosses close to historic houses come under the curtilage of the Listed Building that they are close to.   

Planning permission may be required to erect a cross, although this is not usual.  Crosses that are erected, removed, repaired or restored in churchyards, cemeteries and parish churches will need a Faculty from the diocese.  A Faculty is the ecclesiastical equivalent of planning permission, as the Anglican Church is exempt from the local authority planning rules.

Please note: - The fact that a cross may be a Scheduled Ancient Monument or a Listed Building does not indicate that the public have any rights to view the stone; many are still on private property.

In the first instance it is wise to contact the Historic Environment Service of Cornwall County Council to report any problems to do with a cross.  They can usually advise whether a monument is Scheduled or Listed and what action needs to be taken. Their address is Historic Environment Service,  Kennall Building, Old County Hall, Station Road, Truro TR1 3AY,  telephone number 01872 323603, email:  hes@cornwall.gov.uk