The Care of Cathedrals Rules 2006

Appeal by Chapter/ tenant to Commission

9.—(1) Where a fabric advisory committee refuses approval for a proposal from a Chapter for the carrying out of works by a tenant for which the Chapter’s consent is required, or gives approval subject to conditions, the secretary of the fabric advisory committee shall within 10 days of the fabric advisory committee’s decision send or deliver a notice of the decision in Form 5 to the Chapter and to the tenant.

(2) Within 28 days of receipt of the notice under sub-rule (1) the Chapter may appeal in writing in Form 13 in Schedule 2 to the Commission against the decision of the fabric advisory committee and shall send or deliver to the secretary of the Commission—

(a) a copy of the application in Form 3 for approval of the proposal for the carrying out of works by a tenant;

(b) copies of any plans, drawings, specifications and other documents which accompanied the application; and

(c) a copy of the decision of the fabric advisory committee upon the proposal.

(3) If the Chapter decides not to appeal under sub-rule (2), then the administrator shall immediately notify the tenant in writing of the Chapter’s decision and the tenant may, within 28 days of the date of notification, appeal in writing in Form 13 to the Commission against the decision of the fabric advisory committee.

(4) Where a tenant alone appeals under sub-rule (3) the tenant shall—

(a) send or deliver to the secretary of the Commission—

(i) a copy of the application in Form 3 for approval of the proposal for the carrying out of works by a tenant;

(ii) copies of any plans, drawings, specifications and other documents which accompanied the application;

(iii) a copy of the decision of the fabric advisory committee upon the proposal

(b) write to the Chapter informing the Chapter of the tenant’s appeal to the Commission.

(5) If the Chapter decides to appeal to the Commission under sub-rule (2), the tenant may also appeal and shall give written notice of appeal to the Commission in Form 13 in the name of the tenant but the Chapter shall send or deliver to the secretary of the Commission the documents referred to in sub-rule (2).

(6) For the purpose of an appeal by the Chapter or by the tenant or by both the Chapter and the tenant, rule 8(2) to (5) shall apply save that notice of the decision of the Commission shall be in Form 14 in Schedule 2.

(7) The Chapter shall be entitled to appear and be heard by way of written representation or at any public hearing on an appeal to the Commission whether or not the Chapter has appealed under sub-rule (2).