The Faculty Jurisdiction (Care of Places of Worship) Rules 2000

(Rule 8(1))

APPENDIX A

(A)  In addition to any authority conferred on the archdeacon by the chancellor’s guidance under section 11(8) of the 1991 Measure in respect of matters not requiring a faculty, the archdeacon has jurisdiction in faculty matters in respect of any of the matters set out below in relation to a building which is within the jurisdiction of the consistory court.

(B)  In any case where a building has been in receipt of grant aid from English Heritage or other publicly funded grant making body, a faculty shall not be granted until the archdeacon is satisfied that the specification for the works to the fabric under items 1(i) and (ii) or works involving additions to the fabric under item 2 has been agreed with English Heritage or other publicly funded grant making body as is required by the terms of the relevant grant.

Work in relation to the building, including fixtures

(i) 1.  minor structural alterations not involving demolition or partial demolition;

(ii) external or internal decoration or redecoration,

except where in the opinion of the advisory committee the work proposed is likely to affect the character of the building as a building of special architectural or historic interest;

(iii) repairs (using matching materials);

(iv) treatment of timber against beetle or fungal activity;

(v) repairs and alterations to an existing heating system;

(vi) replacement of parts of bells and bell frames not requiring the removal of the bells from their frames;

(vii) repair of wire mesh window guards with non-ferrous fittings.

New Work

2.  The following items of New Work except where the advisory committee has certified that the work proposed is likely to affect

a.

the character of the building as a building of special architectural or historic interest, or

b.

the archaeological importance of the building or

c.

archaeological remains existing within the building

(i) installation of a new heating system including laying of electrical cables, gas pipes or water mains;

(ii) installation of a sound reinforcement system or loop system or alteration to an existing system;

(iii) installation of a new electrical system or lighting or floodlighting including laying of electrical cables;

(iv) installation of a wall offertory box;

(v) installation of a wall safe in a vestry;

(vi) installation of a lightning conductor;

(vii) installation of security cameras and alarms or closed circuit television security systems;

(viii) installation of wire mesh window guards with non-ferrous fittings.

Work affecting the curtilage (if included in the list maintained under section 1(1) of the Measure)

(i) 3.  re-surfacing of paths in the same material resulting in the same appearance;

(ii) repairs to walls, fences, gates and lych gates where matching materials are to be used;

(iii) introduction of a garden seat (including any memorial inscription);

(iv) provision or replacement or repainting in a new colour scheme of a noticeboard;

(v) introduction of a free standing flagpole.

(Rule 4)

APPENDIX B Consultation with English Heritage, any National Amenity Society and the Local Planning Authority

1.  Where the works for which a faculty is to be sought

(a) involve alteration to or extension of a building which is listed under the Act to such an extent as is likely to affect its character as a building of special architectural or historic interest, or

(b) are likely to affect the archaeological importance of the building or archaeological remains existing within the building,

(c) involve demolition affecting the exterior of a building in a conservation area which is not listed under the Act,

(d) then, at the same time as advice is being sought from the advisory committee, consulation should take place with English Heritage, any national amenity society likely to have an interest in the building or works, and the local planning authority so far as provided by and in accordance with the criteria set out in the following paragraphs.

Consultation with English Heritage

2.1  The likely effect of the works for which a faculty is sought will determine whether or not English Heritage should be consulted.

(i) Grade I or II*

• Even small alterations to the structure of a church listed Grade I or II* can affect the character of the building. These include the introduction of different materials or features, the covering over or removal of parts of the structure, changing the composition of existing elements such as stained glass windows, sub-division or additions to the fabric as well as removal of elements or piercing through historic fabric. Consultation should take place in respect of any alteration or extension within paragraph 1(a);

(ii) Grade II

• Consultation should take place for a Grade II church in respect of alteration within paragraph (1)(a) which comprises the demolition or removal of all or a substantial part of the structure of the interior. For this purpose the structure of the interior includes principal internal elements such as a staircase, gallery, load-bearing wall, floor structure or roof structure and major internal fixtures such as fixed pews, a rood screen or an organ;

(iii) Archaeology

• Consultation should take place in respect of works within paragraph 1(b) affecting any church or its curtilage.

The National Amenity Societies

3.  The age of the building and the nature and likely effect of the works for which a faculty is to be sought will determine which one or more of the national amenity societies should be consulted.

3.1  Any society likely to have an interest in the building or works should be consulted in respect of works within paragraph 1(a), (b) or (c).

3.2  Consultation in respect of alteration or extension within paragraph 1(a) should take place to a building of any grade (I, II* or II). Alteration for this purpose has the meaning given in paragraph 5.

The Local Planning Authority

4.  Although listed building consent is not required in addition to a faculty, except where there is an external object or structure listed separately from the building, consultation should take place with the local planning authority in any case falling within paragraph 1(a) or (b) above. Consultation should also take place for works within paragraph 1(c).

4.1  Consultation in respect of an alteration within paragraph 1(a) should take place for a building of any grade (I, II* or II). Alteration for this purpose has the meaning given in paragraph 5.

Meaning of Alteration for the purpose of consultation with the National Amenity Societies and the Local Planning Authority

5.  For the purpose of consultation under paragraphs 3.2 and 4.1 alteration of a building includes

(a) the demolition of a significant part of the structure of the interior, which includes principal internal elements such as a staircase, gallery, floor structure or roof structure;

(b) the removal of major internal fixtures such as fixed pews, a rood screen or an organ;

(c) the addition of any significant new element such as the creation of new spaces through subdivision.

Documents to accompany consultation

6.  The documents which the intending applicant for a faculty should submit to each of the bodies being consulted under paragraphs 2, 3 or 4 above should be

(a) designs, plans or other documents (including photographs) giving particulars of the works together with a summary list of the works;

(b) a Statement of Significance and a Statement of Needs.

6.1  The particulars given under paragraph 6(a) above should be sufficiently clear for a comparison to be made between the building in its existing state and in its future state if the works are permitted to be carried out so as to enable an assessment to be made of the likely impact of the works on the listed building.

Period for response to consultation

7.  At the same time as submitting the particulars referred to in paragraph 6 to any body consulted under paragraphs 2, 3 or 4 the intending applicant should write to that body stating that a response to consultation will be taken into account provided that it is received within 28 days from the date of the letter.

Diocesan Advisory Committee

8.  An intending applicant should inform the secretary of the advisory committee which of the bodies in paragraphs 2 to 4 above has been consulted and the date when the 28 day period referred to in paragraph 7 is due to expire. On receipt of a response within the 28 day period from any of the bodies consulted, the intending applicant should provide a copy of the response to the secretary of the advisory committee. The advisory committee is not obliged to await a response which is not received within the 28 day period before reaching a decision and issuing a certificate in Form No. 1 in Appendix C.

APPENDIX C

Rule 4

Form No 1 DIOCESAN ADVISORY COMMITTEE CERTIFICATE

Rule 5(1)

Form No. 2 PETITION FOR FACULTY

Rules 7(1) and (5)

Form No 3 PUBLIC NOTICE

Rule 16(3) and (4)

Form No 4 PARTICULARS OF OBJECTION TO PETITION FOR FACULTY

Rules 8(4), 12(2) and 27

Form No 5 FACULTY

Rule 8(4)(b), 12(2) and 27

Form No 6 CERTIFICATE OF COMPLETION OF WORKS AUTHORISED BY FACULTY

Rule 11

Form No 7 NOTICE BY REGISTRAR TO SECRETARY OF DIOCESAN ADVISORY COMMITTEE FOR REGISTER OF PETITIONS

Rule 15

Form No 8 NOTICE BY REGISTRAR REQUESTING ADVICE FROM THE COUNCIL FOR THE CARE OF CHURCHES

Rules 22, 23 and 24

Form No 9 APPLICATION TO GIVE EVIDENCE BY MEMBER OF COUNCIL FOR CARE OF CHURCHES OR PERSON AUTHORISED BY COUNCIL OR BY ENGLISH HERITAGE

Rule 22

Form No 10 APPLICATION BY PERSON OTHER THAN MEMBER OF OR PERSON AUTHORISED BY COUNCIL FOR THE CARE OF CHURCHES TO GIVE EVIDENCE UNDER SECTION 17(4)(d)(ii) OF THE CARE OF CHURCHES AND ECCLESIASTICAL JURISDICTION MEASURE 1991

Rule 29

Form No 11 INSTRUMENT OF APPOINTMENT UNDER SECTION 16(3) OF THE CARE OF CHURCHES AND ECCLESIASTICAL JURISDICTION MEASURE 1991 OF PERSON TO ACT FOR ARCHDEACON