The Care of Cathedrals Rules 2006

Commission of Review: Application for approval made by Chapter to Commission

19.—(1) Where a Chapter has applied for approval of a proposal by the Commission under rule 7 or under paragraph 6 of Schedule 1 and the Commission has refused to give its approval, or has given its approval subject to conditions, the Chapter may request that the decision of the Commission be reviewed by a Commission of Review.

(2) Any request under sub-rule (1) shall be—

(a) made by notice in writing in Form 21 in Schedule 2 and be sent or delivered to the provincial registrar within 3 months of the date when notice of the Commission’s decision was sent or delivered to the Chapter under rule 7(9);

(b) accompanied by copies of the documents referred to in rule 7(1) and (2) and a copy of the notice of decision of the Commission.

(3) At the same time as sending or delivering the Chapter’s notice of request under sub-rule (2)(a), the administrator shall send or deliver a copy of the notice to—

(a) the Commission;

(b) the fabric advisory committee;

(c) English Heritage;

(d) the national amenity societies (or such person as those societies may jointly appoint for the purposes of the Measure); and

(e) if the proposal is of a kind described in section 2(1)(a), to the local planning authority;

and the administrator shall inform each of the bodies in paragraphs (a) to (e) as applicable in writing that any representation in relation to the Chapter’s notice of request for a review should be sent in writing to the provincial registrar within 28 days of the date of sending or delivering of the notice by the administrator to that body.

(4) Within 7 days of receipt of a notice under sub-rule (3)(a), the secretary of the Commission shall send or deliver to the provincial registrar—

(a) copies of any representations in writing made to the Commission under rule 7(2) or under paragraph 6(5) of Schedule 1;

(b) copies of any comments made to the Commission by any of the bodies in rule 7(4)(a) to (c) or under paragraph 6(7) or (8) of Schedule 1;

(c) a copy of the views, if any, of the fabric advisory committee given to the Commission under rule 7(5) or paragraph 6(6) of Schedule 1;

(d) if the proposal is for the sale, loan or other disposal of an object falling within section 6(1)(a)(iv), copies of the advice, if any, of the Church Commissioners and the views of the Council, if any, under rule 14(2);

(e) a copy of a report in writing of any public hearing held by the Commission under rule 23(4).

(5) A Commission of Review shall review the decision of the Commission and may reverse, confirm or vary that decision in whole or in part.

(6) Within 10 days of the decision of the Commission of Review the provincial registrar shall send or deliver a notice of the decision in Form 24 in Schedule 2 to the Chapter and those specified in sub-rule (3)(a) to (e) of this rule, as applicable, and the administrator shall within 7 days of receipt of the notice display a copy of it in accordance with rule 7(10).