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PART 8Special notice of petition, consultation etc.

Special notice

8.1.  If the chancellor directs, or the law otherwise requires, any person or body to be given special notice of faculty proceedings the registrar must serve a copy of the public notice on that person.

Publication of notice in newspaper etc.

8.2.  The chancellor may give directions for the publication of details relating to a petition in any newspaper or other publication (including a website).

Special notice to English Heritage, amenity societies and the local planning authority

8.3.—(1) Subject to paragraph (2), the chancellor must direct that the following bodies be given special notice if a petition relates to works in respect of which Schedule 1 provides for them to be consulted—

(a)English Heritage;

(b)any national amenity society which has an interest in the church or the works;

(c)the local planning authority.

(2) Special notice is not required to be given to a body referred to in paragraph (1) if it appears to the chancellor that the body has previously been consulted on the works in question and has indicated that it has no objection or no comment to make.

Graves and memorials maintained by the Commonwealth War Graves Commission

8.4.  If it appears that the works or proposals to which a petition relates will or may affect a grave or memorial maintained by the Commonwealth War Graves Commission the chancellor must direct that the Commission be given special notice.

Representations or objection by body given special notice

8.5.—(1) Where the chancellor directs that a body be given special notice under rule 8.3 or 8.4 it has a period of 21 days from the date on which it is served with the copy of the public notice within which it may—

(a)send representations on the proposed works to the registrar and the petitioner; or

(b)send particulars of objection in Form 5 to the registrar and the petitioner.

(2) A body which sends particulars of objection under paragraph (1)(b) becomes a party opponent to the proceedings.

Mandatory consultation with the Church Buildings Council

8.6.—(1) Subject to paragraph (3), this rule applies where proposals contained in a petition for a faculty or in an application for an injunction or a restoration order involve—

(a)the introduction, conservation, alteration or disposal of an article of special historic, architectural, archaeological or artistic interest;

(b)the alteration, extension or re-ordering of a church in a way that is likely significantly to affect the setting of an article of special historic, architectural, archaeological or artistic interest; or

(c)the movement or removal of an article of special historic, architectural, archaeological or artistic interest such that the article might be adversely affected unless special precautions are taken.

(2) Where this rule applies the chancellor must seek the advice of the Church Buildings Council on the proposals that fall within paragraph (1).

(3) This rule does not apply if the chancellor is satisfied that there has already been adequate consultation with the Church Buildings Council and the Council’s advice is available to the court.

(4) In this rule, “article” includes an object fixed to land or a building or any part of such an object.

Discretionary consultation with the Church Buildings Council

8.7.  In any case where rule 8.6 does not apply (or does not apply to a particular proposal) but the chancellor thinks that the advice of the Church Buildings Council would be of assistance, the chancellor may seek its advice.

Procedure for seeking and giving the Church Buildings Council’s advice

8.8.—(1) Where the chancellor seeks the advice of the Church Buildings Council under rule 8.6 or 8.7 the registrar must serve a request on the Council in Form 11.

(2) Where a request is served under paragraph (1) the registrar is also to serve on the Council a copy of the petition or application for an injunction or restoration order and such other documents and materials as have been submitted to the registry as the registrar thinks fit.

(3) If the advice of the Church Buildings Council has not been received at the registry within 21 days (or such longer period as the court may direct) the chancellor may proceed to determine the petition without the Council’s advice.

Publication of notice on diocesan website

8.9.—(1) This rule applies to works which—

(a)fall within paragraph 1(a) of Schedule 1 and affect a grade I or II* listed church or the exterior of a grade II listed church; or

(b)fall within paragraph 1(c) of Schedule 1.

(2) In the case of a petition in respect of works to which this rule applies the registrar or chancellor must give directions for the publication on the diocesan website of a notice which gives—

(a)a description of the works; and

(b)a date by which any objection must reach the registrar.

Demolition or partial demolition of church

8.10.  Where the petition is for a faculty authorising the demolition or partial demolition of a church—

(a)the petitioner must cause the notice stating the substance of the petition required by section 17(4)(a)(i) of the Measure to be published in the London Gazette and such other newspapers as the court may direct not more than 28 days after the petition was submitted to the registry;

(b)the registrar must give the notices required by section 17(5)(a) of the Measure and each of the bodies concerned is to have a period of 28 days from the date on which it is served with the notice within which it may—

(i)send comments on the proposed works to the registrar and the petitioner; or

(ii)send a written notice of objection in Form 5 to the registrar and the petitioner.