DAC Roadshows 2016

Introduction to the Faculty Jurisdiction Rules 2015 Dr Emma Arbuthnot (Secretary to the DAC) Mr Giles Standing (Assistant Secretary to the DAC)

Church buildings in the Diocese of Chichester The Diocese of Chichester has 473 church buildings under faculty jurisdiction, 362 of which are listed

Ecclesiastical Exemption The Church of England has ‘ecclesiastical exemption’ in relation to its church buildings. This means that our buildings are subject to faculty jurisdiction (the system of ecclesiastical permissions for works to church buildings) but are exempt from Listed Building Consent. The Church of England is fortunate to have the faculty jurisdiction system as it allows the Chancellor (who makes the final decision on faculty petitions) to weigh up the benefit to the church in terms of worship and mission against the possible harm to the building.

More than just Planning… ‘Any person or body carrying out functions of care and conservation under this Measure or under any other enactment or rule of law relating to churches shall have due regard to the role of a church as a local centre of worship and mission.’ Care of Churches and Ecclesiastical Jurisdiction Measure 1991, section 1

Simplification and the Renewal and Reform Programme “The Simplification Group recognises that a programme for change runs the risk of being time-consuming, intricate and at times controversial. There will need to be a balance between the rights and duties that legislation is framed to protect and the need to make a missional difference in the life of our dioceses and parishes.” The Rt Revd Pete Broadbent, Bishop of Willesden (Chair of the Simplification Task Group) The Faculty Jurisdiction Rules 2015 have been introduced as part of the Simplification programme, which aims to reduce bureaucracy in the Church of England

Consultees & Stakeholders Who’s Who The Bishop The Parish DAC Secretariat DAC The Chancellor Consultees & Stakeholders The Registrar

New Rules – new documents The Faculty Jurisdiction Rules 2015 came into effect on 1 January 2016, having gone through General Synod and the Houses of Parliament to become legislation. The 2015 Rules have now replaced the old system, which included features such as the Minor Works list and the Archdeacons’ Faculties which no longer exist) The 2015 Rules (the legislation) and the Chancellor’s General Directions 2016 (the Chancellor’s directions for how the legislation should be applied in the Diocese of Chichester) can be found on the diocesan website. It is very important that incumbents and churchwardens familiarise themselves with these documents.

Permissions after an emergency… If works need to be carried out immediately (e.g. following a flood, fire or break-in), please get in touch with the Archdeacon, the DAC Secretariat or the Registry who will be able to pass on a request for an interim (emergency) faculty to the Chancellor. Generally, the paperwork for such a faculty will need to be submitted retrospectively.

List A and List B

List A (p. 55 of the Rules) Minor matters which may be undertaken without a Faculty and for which no prior consultation or authorisation is required Examples: Works of repair and routine maintenance to existing heating systems The introduction, removal or disposal of kneelers, hassocks, pew runners and cushions The repair, maintenance, disposal or replacement of a flagpole The introduction of bat boxes The installation of anti-roosting spikes The repair of paths in churchyards, including resurfacing in the same materials and colour

List B (p. 59 of the Rules) Matters which can be authorised by the Archdeacon if prior conditions have been met Examples: Introduction of a safe in a vestry or similar room Replacement of a boiler in the same location , utilising an existing fuel supply and existing pipe-runs Installation of a sound reinforcement system or loop system or the alteration of an existing system The replacement of carpets The installation of a lightning conductor Like-for-like replacement of roofing material Works of external or internal redecoration (see conditions) Routine maintenance or repair of lych gates

Benefits of List B New legislation applies to whole of the Church of England so Rules will be applied consistently across all 42 dioceses Category B1(1): Works of routine maintenance and repair affecting the fabric of a church or historic material (specified conditions: identified as such in the most recent QI Report or in subsequent written advice; details of methods and materials are submitted for advice of DAC; works do not involve any new disturbance below ground level; PCC’s insurers are notified if external scaffolding is to be erected) No financial limit for works carried out under List B List B process is free! Quicker than faculty process (currently 3-4 weeks)

Using the Lists In order to be carried out under List A or List B, the works: must be contained on the relevant list and any conditions in the right hand column must be met

The List B Process Archdeacon Parish DAC Secretariat (by email!) DAC Member/Adviser

Submitting the List B Form and Paperwork Check the Faculty Jurisdiction Rules 2015 – are the works included in List A? If not, check if they’re covered by List B? If in doubt, please contact the DAC Secretariat If List B, identify which item number they come under e.g. “B1(1) - Works of routine maintenance and repair affecting the fabric of a church or historic material” and check the specified conditions can be/have been met Complete the List B form and email it to the DAC Secretariat along with supporting documentation

The Faculty Process If the works are not covered by List A or List B, the parish will need to apply for a Faculty Some Faculties are for relatively straightforward matters (felling a living tree, installing screens in the church, introducing a new altar frontal) whereas other Faculties are for major projects From submitting your application to the DAC Secretariat, it takes at least 6-8 weeks to get a Faculty

For Major Projects When planning a major project (liturgical reordering scheme, building an extension, construction of a separate building in the churchyard), the parish may wish to: Request a DAC site visit Apply to the DAC for Informal advice Undertake early consultation with possible interested parties and statutory consultees Before applying to the DAC for Formal advice

The Role of the DAC

Applying to the DAC for Formal Advice The parish should generally discuss the project with both their Archdeacon and their Inspecting Architect at an early stage The DAC Application Pack can be downloaded from the website Two full hard copies of the forms, along with all supporting information and plans will need to be posted or delivered to the DAC Secretariat. The closing dates for applications in respect of each DAC meeting can be found on the website: http://www.chichester.anglican.org/church-buildings-property/

Response from the DAC After the DAC has discussed the case at a committee meeting, the DAC Secretariat will issue a Notification of Advice Types of Notifications of Advice recommend recommend with proviso/s does not object does not object with proviso/s does not recommend The DAC may also defer making a decision, pending further information

After the DAC Meeting

Petitioning for a Faculty Petitions for Faculties should be sent to the Chancellor via the Registry When you receive your Notification of Advice, the documentation will be returned to you along with the public notice for display, and instructions on how to petition. There is a faculty lodgement fee of £289 per faculty (including VAT)

The Future

Information on the Diocesan Website To find DAC pages: – Parish Life – Church Buildings The information on the website includes: forms for List B DAC Application Pack Faculty Jurisdiction Rules 2015 and Chancellor’s General Directions 2016 DAC meeting dates and deadlines Guidance notes Plans to rewrite the content on the website

The Online Faculty System Online portal for List B and Faculty applications developed by the Church Buildings Council Over half of the dioceses in the Church of England have already signed up System will allow parishes to submit materials online and then others involved in the process (including the DAC Secretariat, DAC members, Archdeacons, Chancellor and Registrar) can log in Benefits will include: no need to submit two full hard copies Faster turnaround Less paper and reduction in printing and postage costs Staff have more time to spend assisting parishes with applications and general enquiries Hopefully coming in early 2017!