d3hgrlq6yacptf.cloudfront.net · web viewthe faculty jurisdiction rules 2015

The Faculty Jurisdiction Rules 2015

Contents1. Procedure Flowchart.............................................................................................................................. 1

2. Rule 3.5 Excluded Matters – General...............................................................................................3

3. Schedule 1 – Matters which may be undertaken without a faculty...................................5

4. Guidance to Parochial Church Councils on the maintenance and restoration of church bells.............................................................................................................................................. 21

5. Guidance to Parochial Church Council on the planting, felling, lopping and topping of trees in churchyards....................................................................................................................... 23

6. Guidance to Parochial Church Council on the maintenance and restoration of church organs.......................................................................................................................................... 31

7. Archdeacon’s Permission – Recommended Form...................................................................33

8. FAQs............................................................................................................................................................. 35

Rule 3.5Excluded Matters - General

3.5.—(1) Rules 3.2 to 3.4 do not permit the undertaking of any of the following matters

—

(a) any works which involve alteration to or the extension of a listed building to such

an extent as would be likely to affect its character as a building of special architectural

or historic interest;

(b) any works which are likely to affect the archaeological importance of a building or

any archaeological remains within a building or its curtilage;

(c) any works in respect of all or part of which scheduled monument consent is

required under the Ancient Monuments and Archaeological Areas Act 1979;

(d) any works which involve extension, demolition or partial demolition of a building,

or the erection of a new building;

(e) any matter which gives rise to a question of law or of doctrine, ritual or

ceremonial or which would, if undertaken, affect the legal rights of any person;

(f) the exhumation or other disturbance of human remains;

(g) the reservation of a grave space;

(h) the sale or other disposal of any article of architectural, archaeological, artistic or

historic interest;

(i) the sale of any book remaining in or belonging to a library to which the Parochial

Libraries Act 1708 applies;

(j) the introduction of an aumbry or any other receptacle used for the reservation of

the sacrament of Holy Communion; or

(k) the introduction of, or the carrying out of any work to, a monument of the kind

referred to in section 3 of the Faculty Jurisdiction Measure 1964.

(2) The reference in paragraph (1)(e) to a matter affecting the legal rights of a person

does not include a reference to the grant of a licence for the grazing of a churchyard by

livestock.

(3) Where it is proposed to undertake a matter which falls within paragraph (1) a

faculty (or an interim faculty under Part 15) must be sought.

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SCHEDULE 1

Matters which may be undertaken without a faculty

Table 1

List A – Matters which may be undertaken without the need for consultation

This table prescribes matters which may be undertaken without a faculty subject to any

specified conditions.

The matters prescribed in the table are subject to general exclusions set out in

rule 3.5 which, among other things, excludes certain categories of works to listed

buildings.

Matter Specified conditions

A1. Church building etc.

(1) Works of repair and routine

maintenance to the church building

not affecting the fabric or any

historic material

The parochial church council’s insurers are

notified if external scaffolding is to be erected

(2) Repairs and replacement of

fittings in existing kitchens,

lavatories and office accommodation

(3) Like for like repairs to window

glass

The works do not include repairs to broken or

cracked quarries in stained glass or historic

clear glazed windows

(4) The repair or like for like

replacement of wire mesh window

guards

Only non-corroding fixings are used and,

where practicable, are fixed in mortar joints

(5) Works of repair and routine

maintenance to existing—

(a) heating systems

(b) gas, water or other services

(c) electrical installations and

The works do not involve making additions to

an electrical installation

Any work to a gas fitting is carried out by a

person who is registered on the Gas Safe

Register (or is a member of another class of

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other electrical equipment persons approved by the Health and Safety

Executive for the purposes of Regulation 3(3)

of the Gas Safety (Installation and Use)

Regulations 1998)

Any work to an electrical installation or

electrical equipment is carried out by a person

whose work is subject to an accredited

certification scheme (as defined in rule 3.1(6))

(6) The application of forensic

marking on roof lead or other

material covering a roof or to rain

water goods or flashings

(7) Work to an existing lightning

conductor

The parochial church council’s insurers are

notified of the proposed work and the work is

carried out by a specialist contractor approved

by them

(8) The repair, maintenance,

removal, disposal or replacement of

a flagpole

Only non-corroding fixings are used where a

flagpole is repaired or replaced

(9) The introduction, removal or

disposal of furniture, furnishings,

office equipment and minor fixtures

(other than safes) in vestries and

similar rooms

The existing use of the vestry is not changed

No article of historic or artistic interest is

removed or disposed of


disposal of fire extinguishers

Any instructions from the supplier or the

parochial church council’s insurer in relation

to their type or location are complied with

(11) The making of additions to an

existing name board

The board is not a war memorial or roll of

honour

The addition is in the same style (including

colour and materials) as existing names on the

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board

(12) The installation of bat boxes as

part of a bat management

programme

(13) The introduction of anti-

roosting spikes

Only non-corroding fixings are used and,

where practicable, are fixed in mortar joints

A2. Musical instruments

(1) The introduction or disposal of

musical instruments (other than

organs and grand pianos) and

associated equipment


disposed of

(2) The routine tuning and

maintenance of organs and pianos

In the case of organs, any works do not involve

tonal alterations, changes to the action or

major dismantling of the instrument

A3. Bells etc.

(1) The inspection and routine

maintenance of bells, bell fittings

and bell frames

No tonal alterations are made to any bell

No bell is lifted from its bearings

(2) The repair and maintenance of

clappers, crown staples (including

re-bushing) and bell wheels

Works do not include the re-soling or re-

rimming of a bell wheel


(3) The repair or replacement of

bell stays, pulleys, bell ropes

(including in Ellacombe apparatus),

rope bosses, sliders or slider gear


(4) The repainting of metal bell

frames and metal bell fittings


A4. Clocks

7


The inspection and routine

maintenance of clocks and clock

faces

Works of maintenance do not include re-

painting or re-gilding of clock faces

A5. Church contents

(1) The repair of woodwork,

metalwork and movables

Matching materials are used

The repair does not involve any works to—

woodwork or metalwork of historic or artistic

interest

Royal coats of arms

hatchments or other heraldic achievements

paintings

textiles of historic or artistic interest

church plate (including candlesticks and

crosses)

(2) The application to articles of

forensic marking


marked


disposal of kneelers, hassocks, pew

runners and cushions

The introduction , removal or disposal of the

articles does not result in a change to the

overall appearance of the church




disposal of—

(a) movable bookcases



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(b) books

(c) free-standing noticeboards

(d) movable display stands

(e) cruets

(f) vases and flower stands

(g) hymn boards

(h) altar linen (but not altar

frontals or falls)

(i) flags and banners used for

temporary displays (but not

the laying up of flags, or the

removal or disposal of flags

that have been laid up)

(j) the Union flag or St George’s

flag (with or without the

diocesan arms in the first

quarter) for flying from the

church

A6. Church halls and similar

buildings

(1) Routine repairs to the building

and the replacement of fittings in the

building


disposal of furniture



A7. Churchyard

9


(1) The introduction and

maintenance of equipment for

maintenance of the church and

churchyard

(2) The repair of paths and other

hard-surfaced areas, including

resurfacing in the same materials

and colour

(3) The routine maintenance of,

repairs to, and like for like

replacement of fences and gates (but

not lychgates, walls or historic

railings)

The works do not involve any new disturbance

below ground level

(4) The carrying out of repairs to a

notice board and the repainting of a

notice board

(5) The grant by the incumbent of

a licence for grazing in the

churchyard

The licence is in a form approved by the

chancellor

A8. Trees

(1) The felling, lopping or topping

of a tree the diameter of any stem of

which does not exceed 75

millimetres (measured over the bark

at a height of 1.5 metres above

ground level)

The works do not relate to any tree in respect

of which a tree preservation order is in force

or which is in a conservation area

Regard is had to guidance issued by the Church

Buildings Council as to the planting, felling,

lopping and topping of trees in churchyards

(2) The lopping or topping of any

tree—

(a) that is dying or dead; or

(b) has become dangerous




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(3) The removal of dead branches

from a living tree




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Table 2

List B – Matters which may be undertaken without a faculty subject to consultation etc.

This table prescribes matters which may, subject to any specified conditions, be

undertaken without a faculty if the archdeacon has been consulted and has given notice

in writing that the matter may be undertaken without a faculty. The archdeacon may

impose additional conditions in the written notice.

The matters prescribed in the table are subject to general exclusions set out in

rule 3.5 which, among other things, excludes certain categories of works to listed

buildings.


B1. Church building etc.

(1) Works of routine

maintenance and repair

affecting the fabric of a

church or historic material

The works are identified as routine items of

maintenance in the most recent report prepared in

respect of the church pursuant to section 1(2) of the

Inspection of Churches Measure 1955 (commonly

known as the “quinquennial inspection report”) or in

subsequent written advice from a person registered

under the Architects Act 1997 or a member of the

Royal Institution of Chartered Surveyors qualified as a

chartered building surveyor

Details of any materials to be used are submitted to

the archdeacon when the archdeacon is consulted on

the proposal to undertake the matter

The works do not involve any new disturbance below

ground level

The parochial church council’s insurers are notified if

external scaffolding is to be erected

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(2) The installation of a

wall offertory box

The installation does not affect historic fabric

(3) The introduction of a

safe in a vestry or similar

room

(4) Works of external or

internal redecoration (other

than to areas of historic wall

painting, even if already

painted over)

Details of materials and colours are submitted to the

archdeacon when the archdeacon is consulted on the

proposal to undertake the matter

The overall appearance of the building is not changed



(5) The treatment of

timber against beetle or

fungal activity

The works do not involve the replacement of timber

(6) Works of adaptation

(not amounting to

substantial addition or

replacement) to—

(a) heating systems

(b) gas, water and other

services

(c) electrical installations

and other electrical

equipment

Any work to a gas fitting is carried out by a person

who is registered on the Gas Safe Register (or is a

member of another class of persons approved by the

Health and Safety Executive for the purposes of

Regulation 3(3) of the Gas Safety (Installation and

Use) Regulations 1998)

Any work to an electrical installation or electrical

equipment is carried out by a person whose work is

subject to an accredited certification scheme (as

defined in rule 3.1(6))

The parochial church council’s insurers are notified of

the proposed works

(7) The replacement of a Any work to a gas fitting is carried out by a person

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boiler in the same location

and utilising an existing fuel

supply and existing pipe-

runs






The works do not involve the creation of a new

external flue


the proposals

(8) The introduction or

replacement of control

equipment that is ancillary to

a boiler or existing heating

system

Any work to a gas fitting is carried out by a person











the proposals

(9) The like for like

replacement of roofing

material

The material being replaced was not introduced

unlawfully


the proposals


roof alarm

The amount of associated cabling is kept to the

minimum that is reasonably practicable

(11) The installation of

lighting and safety

The lighting or other equipment—

is installed only in a part of the church (such as a

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equipment tower or crypt) that is not normally visible to the

public, or

when installed will not be visible from ground level





The installation will not affect any graves or vaults


the proposals


lightning conductor


the proposals and the work is carried out by a

specialist contractor approved by them


sound reinforcement system

or loop system or the

alteration of an existing

system

B2. Bells etc.

(1) The lifting of a bell to

allow the cleaning of

bearings and housings

Regard is had to any guidance issued by the Church

Buildings Council

The bell is currently in a fit condition to be rung

(2) The like for like

replacement of—

(a) bearings and their

housings

(b) gudgeons

(c) crown staple assembly

(d) steel or cast iron

headstocks


Buildings Council


The works do not involve the drilling or turning of the

bell

15


(e) wheels

(3) The replacement of—

(a) bell bolts

(b) a wrought iron clapper

shaft with a wooden-

shafted clapper


Buildings Council



timber bell frames with

preservative or insecticide

materials

(5) The re-pinning or re-

facing of hammers in

Ellacombe apparatus


Buildings Council

The bells are currently in a fit condition to be rung

(6) The introduction of

peal boards in a location not

normally visible to the public

B3. Clocks

(1) Alterations to striking

trains to prevent striking at

night

No part of the clock mechanism is affected

(2) The upgrading of

electrical control devices and

programmers

B4. Church contents

(1) The repair and

maintenance of church plate

(including candlesticks and

crosses) not of special

historic or artistic interest

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(2) The introduction,

maintenance or replacement

of portable audio-visual

equipment used in

connection with church

services

No equipment is fixed to the fabric of the church

(3) The replacement of

carpets or other floor

covering and underlay

Only breathable underlay is used when underlay is

replaced

(4) The replacement of

curtains (other than curtains

and other hangings

associated with an altar)


fixtures and furniture against

beetle or fungal activity


book of remembrance and

stand


fixed internal noticeboard

(8) The disposal of free-

standing chairs

No chair of historic or artistic interest is disposed of

(9) The replacement of a

grand piano with another

grand piano and the disposal

of the original grand piano

No piano of historic or artistic interest is disposed of

B5. Churchyard

(1) The introduction of No bench has an inscription on it which would not be

17


benches in a churchyard permitted on a monument in the churchyard under

the applicable churchyard regulations made or

approved by the chancellor

(2) The replacement of gas

or oil tanks

The replacement tank is of similar dimensions and in

substantially the same location

No works of excavation are involved

The local planning authority is notified of the proposal

(3) The routine

maintenance, repair or

rebuilding of walls

The works do not relate to any wall which is included

in the Schedule maintained for the purposes of the

Ancient Monuments and Archaeological Areas Act

1979

The works are identified as routine items of

maintenance in the most recent report prepared in

respect of the church pursuant to section 1(2) of the

Inspection of Churches Measure 1955 (commonly

known as the “quinquennial inspection report”) or in

subsequent written advice from a person registered

under the Architects Act 1997 or a member of the

Royal Institution of Chartered Surveyors qualified as a

chartered building surveyor

Details of any materials to be used are submitted to

the archdeacon when the archdeacon is consulted on

the proposal to undertake the matter

The works do not involve any new disturbance below

ground level



(4) The routine

maintenance or repair of

lychgates

The lychgate is not separately listed as a building of

special architectural or historic interest under the

Planning (Listed Buildings and Conservation Areas)

Act 1990

18


B6. Trees

(1) The planting of trees Regard is had to the guidance issued by the Church

Buildings Council as to the planting, felling, lopping

and topping of trees in churchyards

(2) The felling of a tree—

(a) that is dying or dead; or

(b) has become dangerous

In the case of any tree in respect of which a tree

preservation order is in force or which is in a

conservation area, section 206 of the Town and

Country Planning Act 1990 (which provides for the

planting of replacement trees) is complied with

Regard is had to the guidance issued by the Church



(3) All other works to trees

(whether or not prescribed

in List A) except felling

If applicable, the law relating to the preservation of

trees in respect of which a tree preservation order is

in force or which are in a conservation area is

complied with

Regard is had to the guidance issued by the Church



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GUIDANCE TO PAROCHIAL CHURCH COUNCILSON THE MAINTENANCE AND RESTORATION OF

CHURCH BELLSBackground

This guidance is given by the Church Buildings Council to all parochial church councils.

From 1st January 2016, it will be possible to carry out a range of works to bells without a faculty: see List A and List B in Schedule 1 to the Faculty Jurisdiction Rules 2015. Carrying out works in List A or List B is subject to conditions set out in the list. It is a condition of carrying out any works to bells under List A or List B that regard is had to this guidance.

Additionally, in the case of List B works, the approval of the archdeacon must be obtained before they are carried out and the archdeacon may apply additional conditions.

Introduction Use of the phrase ‘fit condition to be rung’’

In the Schedule to the Faculty Jurisdiction Rules the word ‘rung’ in the phrase ‘in a fit condition to be rung’ should be given its ordinary English meaning, rather than a technical meaning. It is therefore always to be understood in context. This means that if a bell is set up for full circle ringing, it has to be in a fit condition for that. If a bell is set up for chiming, it is to be in a fit condition to be chimed using the mechanism provided.

Because of the diversity of work to bell installations there will always be anomalies where the works proposed do not fit comfortably into either list. Where this is the case then the parish should contact their Archdeacon who will seek advice from the DAC/Bell Adviser and advise if a faculty is required or not. When work to bells has an impact on a turret clock the DAC Clock Adviser should be consulted.

List A

The works in List A may be undertaken without faculty and without informing the Archdeacon. They are to allow for the routine maintenance and inspection of bells that are in regular use and where there is a tower captain, or other person, who has sufficient skills and knowledge to ensure that the work is done with due regard to Health and Safety and the protection of historically significant parts of the installation.

List A is not appropriate for work when a bell needs to be lifted from its bearings or for making alterations to an installation.

Regular visual inspection of the belfry and regular removal of any debris that may be carried into it is vital for the safe and long lasting operation of the installation. It is good practice to only visit the tower when there is someone else present in the church and

20

always to notify someone that you are inspecting the bells and when you expect to complete your work. If necessary training in belfry maintenance is available from the Towers and Belfries Committee of the Central Council of Church Bell Ringers (www.cccbr.org.uk). The bell trade occasionally runs training events on maintenance and will normally be pleased to offer advice in this area. It is appropriate to consider putting a contract in place for maintenance, especially if no one is available locally with the necessary skills and experience.

List B Works in List B require the Archdeacon to be consulted and they will take advice from the DAC and its bells adviser before giving notice that the proposals may be undertaken without a faculty, or advising that they require a full faculty application.

As with List A These works should only be carried out by persons with sufficient skills and knowledge to complete the work to a satisfactory standard, with due regard to Health and Safety and the protection of historically significant parts of the installation. This may require a bellhanger to carry out or oversee the works.

Although a series of relatively minor works may be all that is necessary to bring an installation back into use, the provisions of List B are principally for bells in regular use. If an installation is being brought back into use after a period of over 5 years a professional bell hanger must be consulted to see that all aspects of the ring are fit for use.

List B cannot be used for works that require the removal of the bell from the belfry or for works that involve drilling, or other work that would make a lasting change to the bell.

When a wrought iron clapper is replaced with one of a different material, it is good practice to retain the original clapper in the tower.

Church House London 11 September 2015

21

GUIDANCE TO PAROCHIAL CHURCH COUNCILSON THE PLANTING, FELLING, LOPPING AND

TOPPING OF TREES IN CHURCHYARDS

Background

This guidance is given by the Church Buildings Council to all parochial church councils under section 6(3) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991.

From 1st January 2016, it will be possible to carry out a range of works to trees in a churchyard without a faculty: see List A and List B in Schedule 1 to the Faculty Jurisdiction Rules 2015. Carrying out works in List A or List B is subject to conditions set out in the list. It is a condition of carrying out any works to trees under List A or List B that regard is had to this guidance. Additionally, in the case of List B works, the approval of the archdeacon must be obtained before they are carried out.

The felling of tree that is neither dead nor dying and which has not become dangerous cannot be carried out under List A or List B and requires a faculty.

Trees and Hedges

Trees and hedges which play a particularly important role in the churchyard should be identified and incorporated into in a church’s Statement of Significance including size, antiquity, landscape importance and biodiversity. Ancient yews and other trees are particularly significant and may even be older than the church building (http://www.ancient-yew.org/gazetteer.php and http://www.ancient-tree-hunt.org.uk/ ). It is also useful to keep a plan of the churchyard indicating the trees present in relation to the church and gravestones so that any records of inspection or proposals of work can be easily outlined.

It is essential that parishes always use a professional arboriculturist for work on trees in the church because:

- It should ensure that health and safety and other legislative requirements are complied with.

- All the necessary equipment including harnesses, ropes, helmets etc. are provided. - Knowledge – The work will be done to the higher standards by those who value

trees and understand how to manage them. - Insurance liabilities appropriate to the work are fully covered. - Trees are a valuable feature of most churchyards. The oldest pre-date the church

building, even by many hundreds of years. - The waste products from the trees will removed as appropriate and not left for the

PCC to clear up.

22

http://www.ancient-tree-hunt.org.uk/

http://www.ancient-tree-hunt.org.uk/

http://www.ancient-yew.org/gazetteer.php

- Directories of Arboricultural Consultants and of Contractors (Tree Surgeons) are maintained by the Arboricultural Association (http://www.trees.org.uk) which is a registered charity concerned with tree care. It is wise to ask any contractor to carry out work in accordance with best practice guidance found in BS 3998:2010 & BS 5837:2012. Some Local Authorities employ an Arboricultural Officer, who may be able to give advice as to the safety of a tree in a churchyard and as to the type of maintenance work required.

Emergency work:

All trees are capable of shedding deadwood and can consequently be hazardous to people using the churchyard. Regular inspection and the undertaking of standard remedial work such as the removal of split and hanging limbs and deadwood will help prevent accidents and may be carried out as advised by an Arboricultural Contractor. If a tree suddenly poses an immediate and substantial risk of harm to people or property, such as after a storm:

- Compile evidence (photographs) of the risk of harm posed by the tree before any work is done and whatever advice that can be obtained.

- Do whatever is judged to be the minimum necessary to make it safe, including the options of fencing off the area. This is not carte blanche to go ahead without consent: felling a safe tree without the necessary consent would be unlawful.

- Do not clear away on-the-spot evidence of the risk of harm posed by the tree (or failure, if after an event), such as rotten parts of the tree, but leave this safely on site until the relevant people have had a chance to examine them.

- If the tree is subject to a TPO or the churchyard is in a conservation area the local authority should be contacted before any works are carried out.

- If your churchyard forms part of a registered park or garden, or if the trees in the curtilage form part of the setting of the listed building, or if it is in the Gazeteer of ancient yews you should consult the local authority (conservation planning officer) about what to do next.

Works (other than felling) to trees in respect of which a TPO is in force or which is in a conservation area.

If you are carrying out major pruning, eg removal of large branches or pollarding, the first step should be to ascertain from your Local Authority whether the tree in question is subject to a TPO, is in a Conservation Area, a Scheduled Ancient Monument, a Registered Historic Park or Garden, or, in the case of a hedge, is over 30 years old. If any of these apply, the Local Authority will advise you.

Depending on the extent of the proposed work you are likely to need a written report from a professional arboriculturist. Major work on trees is best left to a specialist. For more information see the guidance note on Tree Inspection. Do also consider the role trees play as a habitat for birds and bats. If you discover roosting bats in a tree you will legally require further advice (see page 5).

It is helpful to produce a sketch plan and photographs identifying the tree/s affected. 3

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Where regular major work needs to be undertaken, for example pollarding which once begun requires on-going attention to prevent splitting as the tree grows, the Archdeacon’s authorisation could be for a programme of work over a number of years.

Planting new trees

Before undertaking any planting it may be helpful to prepare a churchyard plan on which the church, churchyard buildings and monuments, the position of each tree, the girth of its trunk at 1.4m above ground level and the span of its branches can be plotted. Putting the right trees in the right place will help generations to come. A churchyard is different to a domestic garden

Consider carefully before adding more trees to the churchyard. Parishes are often asked by relatives of deceased parishioners if they can plant a memorial tree. Before agreeing to such a request parishes need to think carefully about the type of tree it is proposed to plant. Trees must not be planted as memorials on graves as their canopy might overshadow the graves and their root system might undermine tombstones.

When considering the planting of any new tree, you should think ahead about what its growth and spread are likely to be when mature. Bear in mind that currently mature trees will, in time, age and decay. Consider the visual effect any tree planted now is likely to have on the church and its surroundings in years to come.

In general seek expert advice before deciding to plant any tree in any particular part of a churchyard, for example (http://www.trees.org.uk/ ).

Checklist to consider before planting a tree:

- Is there an historic planting scheme or churchyard design? - Does the species proposed suit the site? (Flowering specimen trees are sometimes

appealing but may be better suited to a domestic garden and may look out of place in a churchyard).

- Are there existing trees for free, e.g. naturally regenerating species that would thrive better than a planted one?

- What will be the height and span of a tree in its maturity? - Will it be near anything, e.g. church, other trees, (especially valuable, mature or

veteran specimens) existing or proposed burial plots, neighbouring property, roofs, overhead or underground services, highways or rivers (there are regulations concerning the last two)?

- What about future development e.g. proposed future extensions, or buildings? - Will it impact on archaeological evidence? - Will it significantly reduce the area for future burials? - Will it enhance the churchyard for wildlife? (If you decide to use your churchyard

as a local nature reserve, wildlife prefers to live among a mixture of evergreen and deciduous trees and shrubs with a variety of flowers and fruit)

- Is it a species that will cause problems from roots, poisonous fruit etc.? - Will good planting practice and after care be followed? (There is no point in

planting the tree and then watching it die).

24

http://www.trees.org.uk/

Too many trees die after planting. Gardening and tree-care books set out the full details, but here is a list of the common faults and how to avoid them.

More advice is available from the Royal Horticultural Society website, www.rhs.org.uk.

- Small specimens are usually more successfully planted out than large. - Inspect the quality of the delivered plants. - Choose good planting conditions. For bare rooted trees generally choose late

autumn or early winter, but avoid frosts. The roots should be kept in a plastic bag and the tree in a cool place right up to the moment of planting to keep them moist. There is more flexibility with container trees.

- Dig a wide enough hole with a fork and don’t plant the tree lower than it was growing in the nursery.

- Maintain a weed free area of a square metre around the newly planted tree. - Water often after planting to prevent wilting. - If necessary prune to ensure a good shape. - Stakes and ties should only be used for trees over 1 metre in height. Fit stakes and

ties properly, adjust them regularly; remove them when no longer necessary (often within 3 years).

- Tree shelters and spiral guards may be necessary especially for smaller trees. These must be adjusted occasionally to ensure they expand properly and can be removed when the bark is strong.

- Keep strimmers well away. - In later years maintain regular pruning to strengthen the tree and ensure healthy

growth.

In all cases the DAC Secretary and Archdeacon should be contacted before works are carried out. They will advise you if you need to apply for a faculty.

More extensive works

If the PCC wishes to fell a tree which is sound but is occupying a space in the churchyard required for some other use the advice of the DAC should be sought and a faculty must also be obtained.

Do not forget that an old tree may decline very slowly and that an ancient or veteran tree is historically significant and more biodiverse than a young or middle-aged tree (for example bats, owls, woodpeckers and many invertebrates thrive on, and in, old trees). Appropriate arboricultural management can extend the life of an ancient tree for many decades and more, and planting a new tree anywhere near an old one is one of the most common ways of threatening and killing a veteran specimen.

One common scenario is where an extension is planned to the building. The impact of the extension on existing trees should be assessed and significant ones protected by the design details (e.g. foundation methods) and during work (e.g. Root Protection Areas).

Where there is concern about hazards from significant trees, the balance of risks and benefits should be assessed and alternative mitigation strategies considered. Options analysis of mitigation and partial retention as well as felling should be provided. For

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http://www.rhs.org.uk/

instance, in the case of safety, careful pruning, combined with keeping people and property out of range and an inspection plan may control the risk while retaining the tree and much of its significance.

Where there is concern that trees are threatening the fabric of the church, good evidence should be provided for this. There is a tendency to presume trees are the cause when several other sources can be involved, e.g. leaking drains. Rather than felling trees it may be possible to retain them with, for example, the use of root barriers. Removing a mature tree which has long been growing close to a building can cause more problems than if the tree were to be retained. Much will depend on soil conditions, so it is important to take proper advice. In general, government advice for TPO cases should be followed for any significant trees.

If trees have been felled the stump might be removed. This is best done by a tree surgeon using a portable stump grinding machine to take the bole down below ground level.

Before undertaking tree work the following points must be considered:

Bats

The possible existence of bats has to be considered when undertaking work on trees in a churchyard. Under the terms of the EC Directive 92/43/EEC damage or destruction of a bat roost damage or destruction of a bat roost is termed an ‘absolute’ offence, that is to say it does not matter how the damage or destruction took place, if it occurred then it is an offence. This has implications when it comes to dealing with bats in trees because if a tree limb is pruned from a tree which is later shown to contain a bat roost, or a roost is damaged or destroyed in the process of pruning, then the person who undertook the pruning will have committed an offence, for which there is (in theory) no defence.

It is notoriously difficult and time consuming to survey trees for bats and even when surveys have been undertaken, it is no guarantee that bats will not be present since bats often use trees in a very transitory nature, i.e. a single bat might roost under a loose flap of bark one night and then never return. Sometimes larger populations of bats use trees and in these instances there may be obvious signs but quite often the signs are hard to spot in difficult and out of reach locations.

Given the difficulties with surveying trees for bat use and the way the legislation is worded around damage or destruction of bats roosts, it is not possible to recommend one single approach. Instead a risk based approach should be taken with more care given to trees which are known to, or have a high potential of, supporting bats.

We therefore recommend that the best source of advice is your professional arboriculturist who will know which trees can be pruned or felled without worrying about bats or if they are uncertain we will recommend seeking further advice from an ecologist. Bear in mind that there if a bat roost in a tree in a churchyard this is to be welcomed because it will cause far fewer problems than if the bats move into the church.

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Threats to trees from other works

Care should be taken when undertaking work adjacent to trees in the Churchyard to prevent damage. Particular threats include: parking over roots, bonfires, compost heaps under trees and weed killing on nearby paths. Building work (associated with extensions, new services, new paths etc.) or burials close to trees should be avoided wherever possible. Any application for a Faculty for building work should consider if trees might be affected.

Threats to the public

It is important to remember that a PCC has a duty of care to those who might be injured by churchyard trees. This simply requires a common sense approach and a demonstration that reasonable and regular attention in proportion to the risk, has been taken to avoid foreseeable risk of injury to people or property. This also applies when work to trees is being undertaken by a contractor who would be fully insured to third party liabilities. Trees should be the subject of visual inspection during QIs and this should be included in the diocesan scheme of inspection.

Tree Inspections

The overall risk to the public is extremely low, there is about a 1 in 10 million chance of being killed by a falling tree (or part of a tree) in any given year.

Nevertheless, considerable concern and uncertainty about managing trees for safety has arisen in the last few years.

After an accident, courts generally ask: was the tree inspected at an appropriate interval? Was a risk of failure reasonably obvious and spotted? Was action taken? If the answer to any one of these questions is 'no', then the individual officers of the PCC could be found guilty of negligence.

Guidance relating to inspection frequency varies greatly; there is no uniformly accepted frequency appropriate to all situations. The decision is a common sense judgment for the PCC. However it is recommended that regular inspections by a professional arboriculturist of all mature trees in the churchyard should take place every 5 years at the time of the quinquennial inspection under the Inspection of Churches Measure 1995 with the tree report annexed to the quinquennial report. The arboriculturist will need the guidance of the PCC in identifying areas in the churchyard with varying degrees of public presence and those trees which might, if they fell, pose a risk to people or property. Between the formal inspections, congregation members need to keep an eye out for any deterioration in the trees or other problems developing, especially after storms. If there are concerns, an arboriculturist needs to be consulted. Further action may include monitoring of the defect, excluding the public from the vicinity of the tree, pruning the tree, or, in extreme cases, the felling of the tree (see the section on felling).

Remember that no tree can be guaranteed to be safe. A disproportionate response to the actual risks posed by trees leads to unnecessary intervention and can diminish the

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churchyard, depriving the whole community of the enjoyment of trees and their wider benefits.

Keeping Records, including maps, can, in the extremely rare event of an accident, be important as proof of reasonable tree management and notes of any inspection should be kept. Should any tree be identified as posing a potential risk, the PCC should ensure that a written record of an arboriculturist’s inspection is retained. It is not necessary to keep detailed notes for every tree inspected; but it is wise to employ a proforma, listing every tree in the churchyard, learn the basics of how to spot signs which might suggest a problem [for example, die-back in the crown, fungal growths on or around a tree, or ‘bleeding’ from a trunk] and keep a very simple record of what you see. Include on your record any sign of bats, owls or other significant flora and fauna associated with your trees. Should it be necessary to call in an arboriculturist, whose inspection might include climbing surveys, ensure that any advice is then documented, together with a record of any associated tree works.

When inspections are carried out, records can demonstrate that the PCC has met a key component of their duty of care.

Hedges Hedges help keep a churchyard secure, contribute to the landscape value of churchyards, and may be evidence of the history of, for example, the expansion of the churchyard. The removal of a hedge should not be undertaken without careful thought. Because of the complexity of the Hedgerow Regulations (1997) early consultation with the local authority is strongly recommended, if the possible removal of the whole or part of a hedge in a churchyard is under consideration.

Sale of timber

Where a tree in a churchyard is felled, topped or lopped, the PCC may sell the timber or dispose of it in some other way. The net proceeds of any sale must be used for the maintenance of the church or churchyard.

Checklists:

The PCC has a duty of care to select contractors who can safely undertake the level of complexity of work that is planned and have a professional arboriculturist in their team. These websites make some checks on those who advertise with them: TreeCare.info (www.tree-care.info) Trustmark (www.trustmark.org.uk).

The International Society of Arboriculture maintains a list of individuals who are Certified Arborists (www.isa-arbor.com).

The Arboricultural Association (www.trees.org.uk ) has a directory of Approved Contractors who have been thoroughly checked. Always check that a company’s membership is still current.

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http://www.trees.org.uk/

http://www.isa-arbor.com/

http://www.trustmark.org.uk/

http://www.tree-care.info/

In all cases, PCCs, in their own interests, should require contractors to provide evidence of their: - public, employers’, and professional liabilities insurances, - a risk assessment and - a method statement.

The public liability should be no less than £3 million and £5million is the industry’s best practice. Contractors should provide a proper contract and should be asked to work to the British Standard (BS3998:2010 Recommendations for Tree Work). It is helpful to obtain references and assess the reputation of the company. In addition to covering its duty of care, making these checks on a contractor also assures a PCC that the work will be undertaken well and fairly.

It is important to notify the contractor of any known churchyard hazards and work closely with them to ensure safety on site. The contract or agreement should cover safety provisions and the PCC should keep an eye on work to make sure these are being followed. If in doubt you can contact the local authority officer responsible for enforcing the Health and Safety at Work Act in respect of religious organisations.

Historic England’s Register of Parks & Gardens of Special Historic Interest can be found on http://www.english-heritage.org.uk/caring/listing/registered-parks-and-gardens/ .

August 2015

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http://www.english-heritage.org.uk/caring/listing/registered-parks-and-gardens/

GUIDANCE TO PAROCHIAL CHURCH COUNCILSON THE MAINTENANCE AND RESTORATION OF

CHURCH ORGANS

Background

This guidance is given by the Church Buildings Council to all parochial church councils. From 1st January 2016, authority to carry out routine maintenance and tuning of organs without a faculty will be by virtue of List A in Schedule 1 to the Faculty Jurisdiction Rules 2015. Carrying out works in List A is subject to conditions set out in the list. It is a condition that for organs, any works do not involve tonal alterations, changes to the action or major dismantling of the instrument

Scope

The word ‘organ’ in the faculty Rules applies to both pipe and electronic (or digital) instruments.

Guidance

Use of the phrase ‘routine maintenance and tuning’

The emphasis in this sentence is to go on the word routine. Works done routinely do not require a faculty. This is intended to cover visits for tuning and regulation, fixing the occasional off-note, cypher etc.

There is a specific condition to this rule that the works must not include tonal alterations, changes to the action or major dismantling of the instrument. This condition is to make clear that whilst anything that is not routine needs a faculty, it is allowed, for example, to undertake minor dismantling (such as removing covers for access) during tuning visits.

Any works that would not routinely be part of a tuning visit still need a faculty.

Church House London 06 November 2015

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Archdeacon’s Permission– Recommended Form

List B Application

Archdeacon’s Written Notice(Rule 3.3)

Diocese of [name]

Church of [name]

In the parish of [name]

The Venerable [name of Archdeacon] Archdeacon of [name of Archdeaconry]

[Insert List B Item selected]

You have consulted me on a proposal to undertake the above matter without a faculty under rule 3.3 of the Faculty Jurisdiction Rules 2015 (“the Rules”) on the basis that it falls within List B.

I have consulted the Diocesan Advisory Committee, or such of its members or officers as I thought fit, on the proposal.

[Insert selected option]

Option 1:

I am satisfied that the proposal is a matter prescribed in List B and that none of what is proposed is excluded by rule 3.5 of the Rules.

The works may be implemented without faculty, subject to the following conditions:

[Insert specified conditions + additional DAC conditions]

Option 2:

Although what is proposed is a matter prescribed in List B and is not excluded by rule 3.5 of the Rules, I nevertheless decline to give notice that it may be undertaken without

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a faculty for the following reason(s):

[Insert Archdeacon’s comments]

The proposal cannot therefore be undertaken without a faculty. You may, if you wish, submit a petition for a faculty to the consistory court.

Option 3:

The proposal is excluded by rule 3.5 of the Rules because:

[Insert Archdeacon’s comments]

It cannot therefore be undertaken without a faculty. You may, if you wish, submit a petition for a faculty to the consistory court.

Option 4:

The proposal is not a matter prescribed in List B. It cannot therefore be undertaken without a faculty. You may, if you wish, submit a petition for a faculty to the consistory court.

Signed: [signature of Archdeacon]

Date: [Insert date]

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FAQs

If a parish wants to do a number of works at once, some of which are on the A List, some on the B List, and some of which need a Faculty, how should they proceed?

Where a project consists of various elements, some of which come within List A and/or B and others need a Faculty, the parish should seek the advice of the DAC, and subsequently a Faculty, in respect of the entire project.

How will Archdeacons’ decisions be recorded? How do I get hold of the form?

The Archdeacon will give a notice to the parish that specifies any List B works he or she has decided may be undertaken without a Faculty. As of 1 Jan 2016, it will be possible to make List B applications through the online system, and the notice will be produced by the system.

Can the Archdeacons set conditions on the way the work is carried out?

Yes. In addition to the standard conditions which apply to particular List B matters, the Archdeacon can impose additional conditions which will be set out in the notice given to the parish by the Archdeacon.

What are the circumstances in which Archdeacons might decide that even if a work is on List B a full Faculty should be applied for?

An Archdeacon can decline to give notice permitting works even though they fall within List B.

He or she might do that where the proposed works were controversial within the parish or where a particular method proposed by the parish was novel and therefore required full consideration by the DAC with notification to other interested parties before a decision was taken by the Chancellor.

What are the circumstances in which a Chancellor might specify all works in a church (even if they are on the A and B Lists) will require a Faculty?

This might include circumstances where all of the contents of a church – down to minor furnishings such as hassocks – are considered to be of special artistic importance. This will only apply to a handful of churches across the country. It might also include circumstances where a parish had previously abused the List A and B regime. Such orders by Chancellors are likely to be rare.

If a QI is out of date, or does not use the term routine maintenance, what constitutes a routine maintenance matter on List B?

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QI reports should be prepared on a five-yearly cycle and should not be allowed to slip significantly. However, the condition relating to routine maintenance and repair affecting fabric under List B simply refers to the most recent QI report. That report can therefore be referred to even if it is out of date. But where it is very out of date – and possibly unreliable – the Archdeacon might decline to permit the proposals to proceed under List B. If a parish’s QI report does not identify works as routine maintenance and the parish thinks they probably fall within List B, the parish should ask its inspecting architect or surveyor to prepare a short supplementary written statement which identifies any outstanding works as routine maintenance where that is the case.

Can a DAC alter Lists A and B?

No.

Can a Chancellor remove items from Lists A and B?

No

Can a Chancellor add to Lists A and B?

The Chancellor can make an additional matters order which adds to the matters which may be undertaken without a Faculty, subject to such conditions as the Chancellor may specify in the order. This is unlikely to happen in the short term as Chancellors have indicated that the system should be given time to bed down first.

Can a Chancellor exclude parishes from the system?

The Chancellor can make an excluded matters order in respect of a particular parish with the effect that a matter specified in the order can only be undertaken in that parish if a Faculty is granted even though the matter would normally be covered by List A or B. Except in urgent cases, the Chancellor has to seek the advice of the DAC before deciding whether to make an additional matters order or an excluded matters order.

When will parishes be able to apply for List B items using the Online Faculty System?

The new Faculty Jurisdiction Rules 2015 come into effect on 1 January 2016. A new List A & List B module has been developed for the Online Faculty System and will be available to registered users when the new rules become law.

Will parishes be able to log List A items on the Online Faculty System?

Yes. Although it is not mandatory for parishes to apply for List A items, a new module has been developed for the Online Faculty System which will allow them to keep a record of any minor works they wish to undertake under List A. Why has Local Authority consultation on works to the interior of a church been put in the Rules again? What does this mean in practice?

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Paragraph 4 of Schedule 2 of the new Rules reinstates a provision of the 2000 Rules. This requires the local planning authority to be consulted in cases where what is proposed involves demolition of a building that is listed or in a conservation area or where works would change a listed building to such an extent as would be likely to affect its character as a building of special architectural or historic interest. Most cases do not fall into these categories but where they do, the Government’s Code of Practice for the operation of the ecclesiastical exemptions requires consultation with the local planning authority as well as the other bodies provided for in Schedule 2. In practice if Local Authorities fail to reply within 28 days the parish will have fulfilled their obligation and can proceed.

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