Faculty Permission (DAC formal advice - Notification of Advice application)
1. Before you can petition (apply) for faculty you will need to obtain the DAC's formal advice about proposals DAC.
On 1 January 2014 the FACULTY JURISDICTION RULES 2013 will come into effect and from this date the DAC's formal advice will be given on a document named "Notification of Advice".
Under the new Rules, there is a requirement for applicants to complete and submit a "Standard Information Form" with the application.
PLEASE READ THE 'APPLICATION NOTES - WITH APPENDIX' (BELOW) BEFORE COMPLETING THE APPLICATION PAPERS
Application papers for the "Notification of Advice" are available from the DAC Office or they can be downloaded here. Please note: with the exception of the TREES form, there are two versions of each form - one for completion electronically and the other for completion by hand :
- 2014 DAC meeting dates [35.0 kB]
- Application Notes with appendix - Nov 13 [71.0 kB]
- Notification of Advice application (electronic completion) [29.6 kB]
- Notification of Advice application (completion by hand) [26.7 kB]
- Standard Information Form (electronic completion) [21.3 kB]
- Standard Information Form (completion by hand) [19.2 kB]
- Architect's or Surveyor's advice form (electronic completion) [49.1 kB]
- Architect's and Surveyor's advice (completion by hand) [44.8 kB]
- 'TREES' application [19.1 kB]
The ‘Architect’s or Surveyor’s Advice’ form should be completed by the person who carried out the quinquennial inspection of the church as it gives him/her the opportunity to comment on the proposals
When the application form must be used instead of the 'Notification of Advice' form
- Full supporting papers must accompany applications (see ‘Application Notes’ and discuss with the DAC secretary if uncertain)
- a Statement of Significance and a Statement of Need must be included with the application
- parishes may also be required to consult with English Heritage, relevant national amenity societies and/or the local planning authority
Parishes will need to consult with the Church Buildings Council when an application concerns an existing article of particular historic, archaeological, architectural or artistic interest and directly involves conservation, alteration or permanent disposal of that item.
The view of consultees and any planning permission needed should be obtained before an application for a 'Notification of Advice' is submitted to the DAC.
PLEASE CONTACT THE DAC SECRETARY IF YOU NEED HELP OR ADVICE ABOUT COMPLETING THE APPLICATION
2. The DAC meets ten times per years, on a monthly basis (except during Lent/Easterand August), when applications for advice are considered. A list of meeting dates is available above (please note agenda closing dates). Most applications are commended without delay. Occasionally, the committee might have some concerns about an application or ask for more information. It will then be necessary to delay the issue of a certificate or defer the application to the next meeting to give you time to obtain further details or address concerns. The DAC secretary will contact you if this happens.
When a 'Notification of Advice' is issued, it is tagged to the application form and supporting papers and returned to you with the petition for faculty, public notices and notes about how to proceed from this point. The main part of the DAC’s work is then done.
In most cases the DAC will either recommend or raise no objection to the proposals, but if it reaches the decision that it is unable to recommend the work you are still entitled to apply to the Chancellor for a faculty.
The 'Notification of Advice' and supporting papers must be included with the petition when it is sent to the Diocesan Registry. The Diocesan Registry will process the petition and forward it to the Diocesan Chancellor or Archdeacon for a decision (please see ‘Determining a faculty’ below)
Note: The procedure is different when the application involves trees. A combined ‘application to the DAC for formal advice /Petition for Faculty’ is used. The ' Notification of Advice' and supporting papers will be forwarded directly to the Registry by the DAC secretary and a copy of the certificate and the public notices will be sent to the parish.
In cases where the church is listed, a chancellor who is determining a faculty matter (contested or otherwise) in relation to internal re-ordering will consider a number of factors within the following framework:
1. Would the proposals, if implemented, result in harm to the significance of the church as a building of special architectural or historic interest?
2. If the answer to question (1) is ‘no’, the ordinary presumption in faculty proceedings “in favour of things as they stand” is applicable, and can be rebutted more or less readily, depending on the particular nature of the proposals.
3. If the answer to question (1) is ‘yes’, how serious would the harm be?
4. How clear and convincing is the justification for carrying out the proposals?
5. Bearing in mind that there is a strong presumption against proposals which will adversely affect the special character of a listed building, will any resulting public benefit (including matters such as liturgical freedom, pastoral well-being, opportunities for mission, and putting the church to viable uses that are consistent with its role as a place of worship and mission) outweigh the harm?
In answering question (5), the more serious the harm, the greater will be the level of benefit needed before the proposals should be permitted. This will particularly be the case if the harm is to a building which is listed Grade l or 2*, where serious harm should only exceptionally be allowed”.
ref Duffield (2012) 14 Ecc LJ461