Making Changes to Churches and Churchyards Faculty Jurisdiction Explained: A Guide to Law and Practice

This book de-mystifies the whole process of carrying out works to churches.

It explains what consents are needed; how they can be applied for; and on what basis applications are decided. The author explores many of the detailed issues that may arise in practice – whether the proposal is to move a shelf in the vestry or to embark on a major refurbishment of the whole church. Topics covered include heating, lighting, access for the less mobile, toilets, kitchens, security, storage, repairs and maintenance. The impact of change on the congregation is considered, as well as the particular problems that may arise where new facilities or new uses are introduced. This indispensible guide highlights issues to consider when contemplating changes and helps the reader to navigate the complex legal and practical processes involved in carrying out works to churches and churchyards.

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1. Introduction \ 1.1 Consecration of churches and churchyards \ 1.2 The church as a local centre of worship and mission \ 1.3 The churchyard \ 1.4 Financial and practical constraints \ 1.5 The management of change \ 1.6 Buildings of denominations other than the Church of England \ 2 The need for consent \ 2.1 General principles \ 2.2 Introduction \ 2.3 The need for a faculty \ 2.4 The administration of the faculty system \ 2.5 The need for permission from the local planning authority \ 2.6 Other permissions and consents \ 3 Seeking a faculty \ 3.1 General principles \ 3.2 Consulting the DAC \ 3.3 Consulting the amenity bodies and others \ 3.4 The faculty petition \ 3.5 Publication \ 3.6 Faculties involving partial demolition \ 3.7 Objections and representations\ 3.8 Fees and costs \ 4 The decision on a faculty petition \ 4.1 General principles \ 4.2 Decision by the Archdeacon \ 4.3 Decision by the Chancellor on written representations \ 4.4 Oral hearings: preliminary procedure \ 4.5 Procedure at a hearing \ 4.6 Decision of the Chancellor following a hearing \ 4.7 Appeals \ 5 The planning system and churches \ 5.1 General principles \ 5.2 Planning permission \ 5.3 Listed building consent \ 5.4 Conservation area consent \ 5.5 Scheduled monument consent \ 5.6 Control of advertisements consent \ 5.7 Works to trees \ 6 The existing features of a church \ 6.1 General principles \ 6.2 Understanding the potential of a church building \ 6.3 First impressions \ 6.4 The main worship area \ 6.5 The chancel \ 6.6 Heating and lighting \ 6.7 Balconies, upper floors, galleries \ 6.8 Fonts, lecterns and other furniture \ 6.9 Sound and music \ 6.10 Memorials and banners \ 6.11 Art works \ 6.12 Bells and bell frames \ 7 General issues \ 7.1 General principles \ 7.2 Toilets \ 7.3 Kitchens, catering, flowers \ 7.4 Space for administration, preparation \ 7.5 Furniture \ 7.6 Unwanted items \ 7.7 Storage \ 7.8 Security \ 7.9 Repairs \ 7.10 Cleaning; maintenance \ 7.11 Unconsecrated buildings and land \ 8 New facilities \ 8.1 General principles \ 8.2 Seating \ 8.3 Worship \ 8.4 Baptisms \ 8.5 Use by specific groups \ 8.6 Large gatherings \ 8.7 Miscellaneous items \ 9 New uses \ 9.1 General principles \ 9.2 Worship \ 9.3 Shared worship with other denominations / religions \ 9.4 Midweek use \ 9.5 Secular uses \ 9.6 Leases and licences \ 10 Works affecting the exterior of the church \ 10.1 General principles \ 10.2 Repairs \ 10.3 Alterations \ 10.4 Extensions \ 10.5 Floodlighting \ 11 Reordering \ 11.1 General principles \ 11.2 Uses \ 11.3 Worship \ 11.4 Overall impression \ 11.5 Seating \ 11.6 Lighting \ 11.7 Heating, cooling \ 11.8 Sound system \ 11.9 Facilities for the young \ 11.10 Staff accommodation \ 11.11 Miscellaneous points \ 12 Burial and exhumation \ 12.1 General principles \ 12.2 Burial rights \ 12.3 Introduction of new monuments \ 12.4 Cremated remains \ 12.5 Exhumation \ 12.6 Re-use of burial spaces \ 13 Other works affecting the churchyard \ 13.1 General principles \ 13.2 Paths and car parks \ 13.3 Trees and bushes \ 13.4 Re-ordering of churchyards \ 13.5 Secular uses, wayleaves, leases and licences \ 13.6 Closed churchyards \ 13.7 Boundaries, walls and railings \ 13.8 Deterring unauthorised activity \ 14 Unauthorised works \ 14.1 General principles \ 14.2 Enforcement by the consistory court \ 14.3 Enforcement by the local planning authority \ 15 Redundancy \ 15.1 General principles \ 15.2 Redundancy \ 15.3 Total demolition \ 16 Cathedrals and ecclesiastical peculiars \ 16.1 Cathedrals \ 16.2 Ecclesiastical peculiars \ 17 Special cases \ 17.1 The Channel Islands \ 17.2 The Isle of Man \ 17.3 The Diocese in Europe \ 17.4 Wales \ Appendices \ A. Categories of works not requiring a faculty \ B. Conditions on faculties \ C. Guidelines for monuments in churchyards \ D. Instrument delegating authority to incumbent \ E. Other sources of information \ Table of references \ Statutes and statutory instruments \ Cases \ Index