Faculty permission (DAC formal advice – Form 1 Certificate application)

Contents:

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Introduction 
Significant changes
What happens next?
The Bishopsgate questions

Introduction

1. Before you can petition (apply) for faculty you will need a Form 1 Certificate from the DAC giving its ‘formal advice’ about the proposals.  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 nevertheless entitled to apply to the Chancellor for a faculty.

• Application papers for the Form 1 Certificate are available from the DAC Office or they can be downloaded below:
• DAC Form 1 Certificate application form 
• Notes for completing the Form 1 application 
• Architect’s or Surveyor’s Advice form 
• Trees: Form 1 Certificate/Petition for Faculty form 
• 2012 DAC meeting dates 
• The papers include a separate ‘Architect’s or Surveyor’s Advice’ form which should be completed by the person who carried out the quinquennial inspection of the church and gives him/her the opportunity to comment on the proposals
• Full supporting papers must accompany applications (see ‘Application Notes’ and discuss with the DAC secretary if uncertain)

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If significant changes are proposed to a listed church,

• 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 Form 1 Certificate 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 Form 1 Certificates are considered.  A list of meeting dates (please note agenda closing dates) is included with the application papers. 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.

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What happens next?

When a Form 1 Certificate 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. 

The Form 1 Certificate and supporting papers must be included with the petition when it is sent to the Diocesan Registry, which looks after legal matters in the diocese.  The Diocesan Registry will process the petition and forward it to the Diocesan Chancellor or Archdeacon for a decision (please see ‘Bishopsgate questions’ below)

Note: The procedure is different when the application involves trees.  A combined ‘application for Form 1 Certificate/Petition for Faculty’ is used.  The Form 1 Certificate and supporting papers will be forwarded to the Registry by the DAC secretary and a copy of the certificate and the public notices will be sent to the parish.

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The Bishopsgate questions – determining a faculty

In cases where the church is listed, a chancellor who is determining a faculty matter (contested or otherwise) must weigh up any adverse effect on the fabric of the church against the necessity for the works to be done.  There is a standard set of three questions (which come from the judgment of the Chancellor of London regarding a re-ordering matter at Bishopsgate which was contested and went to the Consistory Court) which chancellors apply to help them with this process. 

1. Have the petitioners proved a necessity for some or all of the proposed works, either because they are necessary for the pastoral well-being of [the church] or for some other compelling reason?
2. Will some or all of the works adversely affect the character of the church as a building of special architectural and historic interest?
3. If the answer to (2) is yes, then is the necessity proved by the petitioners such that in the exercise of the Court’s discretion a faculty should be granted for some or all of the works?

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