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Transforming the communities of Essex & East London through Christ’s presence

From 1st January 2016, there are statutory changes to the Faculty Jurisdiction Measure and Rules 2015 No. 1568.

The De Minimis list no longer exists and new Lists A and B comes into existence.

List A contains items which may be undertaken locally without permission, but do remember to get the agreement of your PCC for the work and costs involved.

List B includes work that can be undertaken without a faculty but with the permission of your Archdeacon. In applying for this work, you must again ensure you have the agreement of your PCC. You should write to your Archdeacon and in your letter/email you should give the following information:  

1.  Full details of the work, including specification, costs and your architect’s agreement if appropriate.

2.  A PCC minute agreeing to the work and costs involved.

3.  An idea of the time-scale involved.

Your Archdeacon will then issue a notice specifying the works that you may complete (the Archdeacon may set conditions on the way the works are carried out) Upon receipt of the notice you can proceed. No work should be undertaken without this notice.

These lists should simplify and speed up some works in our church buildings. However, please do take care as there are exclusions in the new legislation (please see the Appendix below).

This is a time of change for us all, but the Archdeacons in the Diocese of Chelmsford hope that this new legislation and new processes will serve you better and lighten your load a little.

Please remember your Archdeacon is always available for advice about matters concerning your church building, its upkeep and repair.

Archdeacons email address links are given below.

Appendix
Excluded matters – general
3.5.—(1) Rules 3.2 to 3.4 do not permit the undertaking of any of the following matters—
(a) any works which involve alteration to or the extension of a listed building to such an
extent as would be likely to affect its character as a building of special architectural or
historic interest;
(b) any works which are likely to affect the archaeological importance of a building or any
archaeological remains within a building or its curtilage;
(c) any works in respect of all or part of which scheduled monument consent is required
under the Ancient Monuments and Archaeological Areas Act 1979(a);
(d) any works which involve extension, demolition or partial demolition of a building, or the erection of a new building;
(e) any matter which gives rise to a question of law or of doctrine, ritual or ceremonial or which would, if undertaken, affect the legal rights of any person;
(f) the exhumation or other disturbance of human remains;
(g) the reservation of a grave space;
(h) the sale or other disposal of any article of architectural, archaeological, artistic or historic interest;
(i) the sale of any book remaining in or belonging to a library to which the Parochial Libraries Act 1708 applies;
(j) the introduction of an aumbry or any other receptacle used for the reservation of the
sacrament of Holy Communion; or
(k) the introduction of, or the carrying out of any work to, a monument of the kind referred to in section 3 of the Faculty Jurisdiction Measure 1964(b).
(2) The reference in paragraph (1)(e) to a matter affecting the legal rights of a person does not include a reference to the grant of a licence for the grazing of a churchyard by livestock.
(3) Where it is proposed to undertake a matter which falls within paragraph (1) a faculty (or an interim faculty under Part 15) must be sought.

Archdeacons are responsible for consulting with members of the DAC upon receipt of requests for any work and will inform you of their decision, sometimes with conditions, as soon as possible.
If the Archdeacon does not grant permission, you should proceed to a faculty application in order to undertake the proposed work.

The A List can be found in Schedule I, Table 1 of the Faculty Jurisdiction Rules 2015: www.legislation.gov.uk/uksi/2015/1568/pdfs/uksi_20151568_en.pdf .

The B List can be found in Schedule I, Table 2 of the Faculty Jurisdiction Rules 2015: www.legislation.gov.uk/uksi/2015/1568/pdfs/uksi_20151568_en.pdf     

All other works not listed will still require a Faculty, please contact Sandra Turner, the DAC Secretary, if you have any questions – email: dac@chelmsford.anglican.org  Tel No: 01245 294413 or 01245 294423.

Please note forms are available to download (click on the word DOCUMENT below each section) or hard copies can be posted out from the DAC office on request.

CHURCH BUILDINGS COUNCIL " New online presence for the new Rules - The new Rules and guidance to accompany them have been moved to a new location on ChurchCare, that is much easier to find. They are now the first item on the Churches page - http://www.churchcare.co.uk/churches/faculty-rules-2015 -  New_Rules_Q_and_As Doc" 


DAC meeting dates  

Deadline for applications, visit requests and other matters for consideration by the Committee must be submitted to the DAC Office no later than 12 days prior to the above meeting dates.  Any information received after this time will automatically be placed on the next available agenda.  

2017 DAC MEETING DATES - Tuesday: -

31st January

7th March

25th April

6th June

18th July

5th September

10th October

14th November

12th December


Archdeacon of Barking

The Ven Dr Joh Perumbalath - Telephone - 01708 474951 - Email   

Archdeacon of Chelmsford

The Ven Elizabeth Snowden  - Telephone - 01245 258257 - Email

Archdeacon of Colchester

The Ven Annette Cooper  - Telephone -  01376 513130 - Email

Archdeacon of Harlow

The Ven (Vacant) - Telephone - 01279 734524 - Email

Archdeacon of Southend

The Ven Mike Lodge - Telephone - 01268 779345 - Email

Archdeacon of Stansted

The Ven Robin King - Telephone - 01376 563357 - Email

Archdeacon of West Ham

The Ven Elwin Cockett - Telephone - 020 8989 8557 - Email


STEP ONE IN THE PROCESS OF OBTAINING LEGAL PERMISSION TO CARRY OUT  WORKS TO A CHURCH, BUILDING OR HALL WHICH COME UNDER FACULTY JURISIDICTION RULES 2015

DAC Application Form  -   DAC and the Faculty Process - Flow Chart

Before commencing proceedings in the consistory court, intending applicants should seek the advice of the Diocesan Advisory Committee (DAC) on works or other proposals in respect of which a faculty, injucntion or restoration order is to be sought.

Please complete and print off documents (paper copies are required, no email applications will be accepted) and forwarded by post with all associataed documents to DAC Secretary, Mrs Sandra Turner, 53 New Street, Chelmsford, Essex CM1 1AT  

The DAC application form will be a permanent record for the DAC office files.

The wording given in the schedule of works or proposals is to be duplicated onto the DAC Notification of Advice, when issued, so please make sure that you include all proposed works, incorrect or excluded works/proposals may delay your Petition for Faculty.

The Notification of Advice will be valid for 24 months from date of signing.

FORMS:

Please note that all forms are revised frequently and it is advisable to download from this page for every application submitted.  

To consider any applications the DAC will require as requested on the application forms, detailed information, insufficient information may delay your application.  

DAC APPLICATION FORM: Document 


Historic England  have provided a note of FAQs about Pre-application advice and Enhanced Advisory Services.  

 http://www.historicengland.org.uk/advice/caring-for-heritage/places-of-worship/making-changes-to-your-place-of-worship/  

If you have specific questions please contact your local Historic England office.

Historic England - East of England - 

Email: eastofengland@HistoricEngland.org.uk  - Pre-Consultation Form Revision 2015

Telephone: 01223 582 700                                              

Historic England - London Boroughs -

Email: london@HistoricEngland.org.uk

Telephone: 0207 973 3000


Form 1A (Standard information -  rule 4.2 and 5.5)  2016 

This form provides standard information about the church and forms part of the application process. However, once a copy has been completed and submitted to the DAC and Registry Offices there is no need submit further copies, unless any of the information has changed.  A copy should be retained by the parish and checked before each subsequent application is submitted to ensure that all the information previously submitted is still valid – e.g. name of inspecting architect.

When completing this form, please ensure that you give the name of the individual architect appointed as your inspecting architect, not the name of the firm they are associated with.  It is recommended that this document should be discussed at a PCC meeting to establish a convenient access point for future applicants to view/update as and when necessary, before submitting any future applications to the DAC.    

DOCUMENT


STEP TWO - YOU CANNOT PROCEED WITH THIS STEP UNTIL YOU RECEIVE A 'NOTIFICATION OF ADVICE' FROM THE DAC

FORM 3A (Petition for Faculty rule 5.3) 2016  

The petition document is to be completed and printed off when a Notification of Advice has been issued and returned to the applicant named on the DAC application form, together with all stamped and endorsed documents relating to proposed work/s.  At the same time as displaying public notices, the completed Petition for Faculty, Notification of Advice and stamped and endorsed document should be forwarded to The Chelmsford Diocesan Registrar, Minerva House, 5 Montague Close, London SE1 9BB

Please note that no work may commence until a Faculty has been granted by the Chancellor.

DOCUMENT


FORM 4A (Public Notice  - general form - rule 6.2) 2016

You may enter text onto the word document at appropriate points, however you are not to alter or delete any part of the layout of the form.  Please note that the wording for proposed works given on the Notification of Advice is to be duplicated onto this form. 

Print off two copies and display for the statutory 28 day period.  Display (1) one on a notice board or in some other prominent position inside the church and (2) one on a notice board outside the church or in some other prominent position (whether on the outside of the church door or elswhere) so that it can be read by the public.

At the same time as you display the Public Notices forward Petition for Faculty, Notification of Advice and stamped and endorsed documents relating to proposals to The Chelmsford Diocesan Registrar, Minerva House, 5 Montague Close, London SE1 9BB.  After the Public Notices statutory 28 day period has expired, take down and sign one of the Ceriticate of Publications on the reverse side of the public notices and forward directly to the Registrar at the above address.  Please do not wait for the public notices to expire before submitting Petition for Faculty etc., the Registrar requires the Petition for Faculty to allow any objections received relating to the proposals noted on the public notices to be included before the Chancellor receives the full Petition for Faculty allowing them to make their direction on the proposals and to grant a Faculty.

In the event of proposals being issued a not recommended Notification of Advice you may, if you wish, still apply to the court for a faculty authorising the works or proposals.  If you do wish to continue to proceed to faculty you should contact the Registry to discuss correct procedure.  Tel No: 020 75930353 or email

DOCUMENT                         CHECK LIST


For more information please contact Sandra Turner
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