The Faculty Jurisdiction Rules 2000

(Rule 3)

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

Where the works for which a faculty is to be sought

1.—(a) involve alteration to or extension of a church which is listed under the Planning (Listed Buildings and Conservation Areas) Act 1990 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 church or archaeological remains existing within the church or its curtilage or,

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

then, at the same time as advice is being sought from the advisory committee consultation should take place with English Heritage, any national amenity society likely to have an interest in the church 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.—2.1 The likely effect of the works for which a faculty is sought will determine whether or not English Heritage shall 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 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 church 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 church 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 church 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 church 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 whatever the 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 church 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 applicants 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 church 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 church.

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 applicants 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.  Intending applicants 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 6 is due to expire. On receipt of a response within the 28 day period from any of the bodies consulted, the intending applicants 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.