The Faculty Jurisdiction Rules 2015

Rules 4.4, 4.5 and 9.3

SCHEDULE 2 Consultation with Historic England, national amenity societies and the local planning authority

Timing of consultation

1.  So far as possible, any consultation provided for in this Schedule should take place before intending applicants seek the advice of the Diocesan Advisory Committee under rule 4.1.

Historic England

2.—(1) Consultation with Historic England should take place as follows.

(2) In the case of a grade I or II* listed building Historic England should be consulted on any works that involve demolition of a listed building or its alteration or extension to such an extent as would be likely to affect its character as a building of special architectural or historic interest.

(3) In the case of a grade II listed building Historic England should be consulted on works which comprise the demolition or removal of all, or a substantial part, of the structure of the interior (including any principal internal elements such as staircases, galleries, load-bearing walls, floor or roof structures and major internal fixtures such as pews, screens and organs).

(4) Historic England should be consulted on works that are likely to affect the archaeological importance of any building or archaeological remains within the building or its curtilage.

National amenity societies

3.—(1) Any national amenity society which is likely to have an interest in the works should be consulted where—

(a) they involve demolition of a listed building of any grade or its alteration or extension to such an extent as would be likely to affect its character as a building of special architectural or historic interest; or

(b) they involve demolition affecting the exterior of an unlisted building in a conservation area.

(2) Whether a national amenity society is likely to have an interest in works will depend on the age of the building (or the relevant part of it) and the likely effect on it of the proposed works.

The local planning authority

4.  The local planning authority should be consulted where works—

(a) involve demolition of a listed building of any grade or its alteration or extension to such an extent as would be likely to affect its character as a building of special architectural or historic interest;

(b) are likely to affect the archaeological importance of a building or archaeological remains within the building or its curtilage; or

(c) involve demolition affecting the exterior of an unlisted building in a conservation area.

Documents to accompany consultation

5.  When consulting any body under paragraphs 2 to 4 the intending applicants should provide that body with—

(a) a letter stating that they are consulting the body in accordance with this Schedule and that a response to the consultation will be taken into account if it is received within 28 days of the date of the letter;

(b) the standard information in Form 1A or Form 1B;

(c) a summary of the works or other proposals on which advice is being sought;

(d) any relevant designs;

(e) any relevant plans;

(f) any relevant photographs;

(g) any other documents giving particulars of the works or other proposals; and

(h) a statement of significance, and a document setting out the justification for the proposals (commonly known as a “statement of needs”), that meet the requirements of rule 4.3.

Information etc. to be provided to Diocesan Advisory Committee

6.—(1) When seeking the advice of the Diocesan Advisory Committee under rule 4.1 the intending applicants should inform the Committee of—

(a) any consultation that has taken place under paragraphs 2 to 4; and

(b) where the body consulted has not yet responded, the date of the expiry of the period of 28 days mentioned in paragraph 5(a).

(2) The intending applicants should provide the Diocesan Advisory Committee with a copy of any response it has received from a body consulted under paragraphs 2 to 4 that is received within the period of 28 days mentioned in paragraph 5(a).

(3) If the applicants receive a response from a body they have consulted under paragraphs 2 to 4 after the expiry of the period of 28 days mentioned in paragraph 5(a) they should nevertheless send a copy of the response to the Diocesan Advisory Committee unless the Committee has already given its notification of advice.

(4) If a body that has been consulted under paragraphs 2 to 4 has not responded within the period of 28 days mentioned in paragraph 5(a) the Diocesan Advisory Committee is not obliged to await a response from that body before giving its notification of advice.