Diocese of Sheffield DAC Guidance Notes Faculty Applications
2 What is a faculty? Faculties are the Church s equivalent of planning permission. The Faculty Jurisdiction system extends to all consecrated churches and churchyards, whether they are listed or not. Everything in or on the land is included within the jurisdiction, as are the fabric, ornaments and furniture of the church. The jurisdiction also extends to un-consecrated land surrounding, or adjacent or ancillary, to a church, and to certain buildings which, though un-consecrated, are licensed by the bishop for public worship. In cases where proposals will alter the external appearance of a church or anything within its curtilage, planning permission from the Local Authority may also be required. Faculty Jurisdiction allows the Church of England to be exempt from parts of the normal planning process which may otherwise restrict changes to a listed building. Under this legislation, any alteration, repair, or extension to a church building, or any change to the contents of a church whether by addition or removal of items, needs to be legally approved by the granting of a Faculty. The process enables churches to continue adapting their buildings and grounds to suit new forms of worship and mission and to facilitate an increasing range of activities. It applies to ALL buildings, whether or not they are listed. Faculty Jurisdiction encourages churches to combine the best of their heritage with imaginative and faith-based solutions that serve their communities and preserves the spirituality, fabric and contents of their buildings for future generations. Increasingly, churches are being used as venues for cultural, community and commercial uses from cafes to farmers markets, advice centres, concerts, exhibitions, fairs and even post offices. Many are the only remaining public building a community has access to and Faculty Jurisdiction enables listed churches to continue to grow and meet new needs. Without it, the burden placed upon local planning authorities and the
3 desire of heritage bodies to preserve historical fabric would mean few changes would be allowed to take place.
4 When is a faculty required? Some minor works do not require a faculty. Formerly known as de minimis works, a list of areas that do not require a faculty is produced by the Chancellor of each diocese. A copy of the Chancellor's Guidance on Minor Works for the Diocese of Sheffield can be found on the diocesan website. For all other changes, it is essential that the faculty process is followed for the following reasons: It acknowledges churches to be living buildings and allows them to continue to adapt and evolve new ways of worship and mission. Without the system, many changes that facilitate growth would not be permitted. It ensures that the long-term interests of parishioners, past, present and future are served. It avoids changes which may quickly fall out of fashion or are undertaken without due consideration to the long-term growth and benefit of the church. Any person carrying out works without a faculty may be liable to a civil action for trespass to land or goods and a criminal prosecution under the Criminal damage Act 1971. A PCC would equally be in breach of trust if it dissipated its funds on the cost of works not authorised by a faculty.
5 Working with the Diocesan Advisory Committee (DAC) The DAC is a statutory body whose role is set out in Schedule 2 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. This states that a DAC is: 1) To act as an advisory body on matters affecting places of worship in the diocese and, in particular, to give advice when requested by any of the persons specified in paragraph two below on matters relating to: The grant of faculties. The architecture, archaeology, art and history of places of worship. The use, care, planning, design and redundancy of places of worship. The use and care of the contents of such places. The use and care of churchyards and burial grounds. 2) To review and assess the degree of risk to materials, or of loss to archaeological or historic remains or records, arising from any proposals relating to the conservation, repair or alteration of places of worship, churchyards and burial grounds and the contents of such places. 3) To develop and maintain a repository of records relating to the conservation, repair and alteration of places of worship, churchyards and burial grounds and other material (including inspection reports, inventories, technical information and photographs) relating to the work of the committee. 4) To issue guidance for the preparation and storage of such records. 5) To make recommendations as to the circumstances when the preparation of such a record should be made a condition of a faculty.
6 6) To take action to encourage the care and appreciation of places of worship, churchyards and burial grounds and the contents of such places, and for that purpose to publicise methods of conservation, repair, construction, adaptation and re-development. 7) To perform such other functions as may be assigned to the committee by any enactment, by any Canon of the Church of England or by resolution of the diocesan synod or as the committee may be requested to perform by the bishop or chancellor of the diocese. The DAC works with and advises churches on how to make the best use of their buildings so that they are a positive and holistic part of their mission and outreach. In offering advice, the DAC has to balance legislative requirements with the desire to preserve heritage and the need to make church buildings valued and useful spaces fit for the liturgies and technologies of the twenty-first century. Advice is freely given and early engagement will help in the development of solutions that are feasible, achievable and sustainable. The DAC offers advice and expertise to help churches maintain their buildings and churchyards to the best possible standards. It encourages churches to discover and celebrate their heritage and employ it to inspire and inform the present. It helps churches explore how their buildings can be used to engage, support and sustain local communities. It offers practical advice to help parishes shape buildings that can invigorate and support worshipping congregations and offer new ways of engaging with local societies. The work you propose may be a repair or small project which does not affect the character of the building. Alternatively, you may be seeking new ways for your buildings to support the mission of your church and to make it more accessible and useable to the wider community. In either event, it is advisable to consult the DAC as soon as possible.
7 Informal discussion with the DAC at the earliest stage of your project is always advisable. They will be able to tell you what is feasible for your building and suggest other churches you may wish to consult that have carried out similar work. At this stage, discussions are preliminary and little supporting documentation will be required. As your ideas develop, you may require further DAC input. At this stage it is useful to supply an Advice Application together with sketches, photographs, draft plans and other information you have gathered. Large projects will require you to undertake a Statement of Significance and a Statement of Needs to show you fully appreciate the heritage in your care, how it may be used to promote wider use of your church building and the validity of the aims you hope to achieve by making changes. Most funders now require these statements which explain to people who do not know you or your church how you have reached this point in time and the value of your proposals. It may be necessary to consult with external bodies such as English Heritage, the Victorian Society, your local planning authority or the Church Buildings Council. Your architect and the DAC will be able to advise you of this.
8 How to apply for a faculty Obtaining permission to carry out work on a church building or to make changes to the fabric, contents, furnishings or churchyard is a two-part process. Any church considering changes to the fabric or contents of their buildings should first apply to the DAC for advice and to obtain a Notification of Advice. The issuing if a Notification indicates to the Chancellor that the DAC has examined all aspects of the project in detail and contains their views as to its suitability. The Notification may support the project, request amendments to be made in the form of provisos, or may choose not recommend it. Once you have obtained your Notification you are then able to apply to the Chancellor for a faculty to carry out your proposals. The Chancellor will consider your application and the view of the DAC and it is they who grant the faculty based upon the evidence presented. Please note that the issuing of a Notification of Advice does not guarantee the granting of a faculty. The Chancellor may request further information, add conditions, or reject the petition. You may apply to the court for a faculty authorising the works or proposals even if the Committee does not recommend the proposals but the Chancellor will consider their objections. It is essential that work does not commence prior to a faculty being granted. If there is an emergency, please contact Julie Banham the DAC Secretary, or Andrew Vidler the Registrar, who will seek to obtain an interim or emergency order from the Chancellor on your behalf. A retrospective petition will then be submitted in the normal way to legalise the work that has been carried out. Forms can be downloaded from the diocesan website and submitted electronically. Alternatively, hard copies are available upon request from the DAC Secretary. Completed forms should be posted to: DAC Secretary, Church House, 95-99 Effingham Street, Rotherham, S56 1BL or emailed to: julie.banham@sheffield.anglican.org Please do not abbreviate or edit the forms in any way. If a section does not apply to you, leave it and move onto the next section, do not delete any parts of the forms.
9 All churches need to supply a summary of basic information about their building. This is called a 1A Standard Information Form. Rather than providing the basic information about your church every time an application is made, Form 1A only needs to be completed once. The information provided on the form will be added to your application by the DAC Secretary as and when required. There is great emphasis on producing Statements of Significance and of Needs. These will be required for all but minor applications. The Statement of Significance is an important document and worth taking time over. Done well, it will serve the church as a tool for growth and will help you to understand your building and the community you serve. It can indicate how you might develop your church in relation to your mission and the needs of parishioners and the surrounding community. In all cases where there are substantial changes proposed to a listed building, the Statement of Significance must be accompanied by a Statement of Needs in which the justification for the proposals in question are clearly set out. Here you can also state the benefits the church will enjoy if the proposals go ahead and what might happen if they do not. Please refer to the diocesan webpage on Statements of Significance and Needs for advice on how to produce these documents. Emphasis is placed on consultation with interested parties before an application is submitted for a faculty. To minimise potential problems at the application stage, you are strongly encouraged to engage with the DAC as soon as possible. This is done by filling in an Advice Application asking for a visit or comments from the DAC before your plans are finalised. Form 2 DAC Notification of Advice (see rule 3.6(1)). This is issued by the DAC in response to your proposal(s) and advises the Chancellor on its suitability. Faculty Petition Form 3A is the full application form that is sent to the Chancellor via the Registrar. It should be completed once you have had all necessary consultations and you are sure that this is the final version of
10 the proposals you want to carry out. So as not to delay the process, it is essential to ensure that all relevant sections are completed. If this is the first application using the new Form 3A, the petition must be accompanied by a completed Form 1A. Public Notice Form 4A has to be displayed in a prominent position in your location for a period of 28 days on a notice board outside the church or in some other prominent position (whether on the church door or elsewhere) so that it can be read by the public (Rule 5.3.2(e)(ii) p.14. There is now an additional mandatory requirement to advertise on the diocesan website all major changes affecting a Grade I or II* listed building. The Registrar will inform the church when this is necessary. If applying for advice or a faculty for work to trees, please use Part 1 of Form 15.