Faculty Jurisdiction 1. Closing of Churchyards - PDF document

Faculty Jurisdiction

1. Closing of Churchyards • https://www.churchofengland.org/media/55 222/careofchurchyards.docm • an appropriate Order in Council under the Burial Act 1853 (section 1) has to be sought from the Ministry of Justice

1. Closing of Churchyards • Application requires one of these conditions to met: - • The churchyard is full • The continuing use of the churchyard for burials may constitute either a risk to public health or be contrary to decency • The discontinuance of burials may prevent or mitigate nuisance.

1. Closing of Churchyards • An application will not normally be considered if it relates to part of the churchyard only

1. Closure of Churchyards • Closure does not remove the legal effects of consecration • Churchyard is still part of the freehold of the incumbent and under faculty jurisdiction • May still be used for the interment of ashes provided that no human remains are disturbed

1. Closure of Churchyards • If the Order permits, it may also be possible for further burials to take place in specified areas.

2. Secular Permissions for works • Listed Building Consent • Building Regulations • Planning Permission

3. Church Permissions for works • Faculty Jurisdiction (“Ecclesiastical Exemption”) for Listed Building Consent • Building Regulations • Planning Permission

3. Church Permissions for works • Chancellor • Registrar • Archdeacon

3. Church Permissions for works • DAC Secretary • Diocesan Advisory Committee for the Care of Churches (DAC)

4. Local Authority Cemeteries • Non-Consecrated Sections – Local authority controls only • Consecrated Sections – Subject to Faculty Jurisdiction

5. Seeking Permission Faculty Jurisdiction Rules 2015 (http://www.legislation.gov.uk/uksi/2015/156 8/pdfs/uksi_20151568_en.pdf) • List A – No Permission • List B – Minor Works authorised by Archdeacon • List C – Faculty

5. Seeking Permission Covers: - • Items within the church • External walls, roofs, etc • Paths, gates, Lychgates, Styles • Memorials within the churchyard • Churchyard walls

5. Seeking Permission Re-ordering of the internal space: - • Requires consultation with • Church Building Council • Historic England • National Amenity Societies • Conservation Officer from local Borough / District / County Council

5. Seeking Permission Works to the exterior of a church or in a churchyard may also require: - • Advertising Consent • Planning Permission • Listed Building Consent if memorial / churchyard wall separately listed

5. Seeking Permission Consultation process: - • Legal responsibility lies with D/PCC • Leicester Diocese – done by DAC Secretary through Online Faculty System

5. Seeking Permission Consecrated Sections of Local Authority Cemeteries works to: - • Trees • Paths • Memorials will require Minor Works / Faculty

5. Seeking Permission How to apply: - • 1 January 2016 – all goes online (https://facultyonline.churchofengland.org/) • New national Minor Works List • One application point for Minor Works and Faculties

5. Seeking Permission

5. Seeking Permission • Secure site – requires applicants to register • Conservation Officers should register as Consultees • Other Local Authority officers for trees and maintenance of walls and memorials should register as applicants

6. Quinquennial Inspections • All Churches and Churchyards require a QI • DAC is required to maintain List of Approved Architects / Surveyors • Report sent to D/PCC & DAC Secretary • If Churchyard closed, copy forwarded to Conservation Officer of B/D Council

7. Urgent Situations • Chancellor’s Licence • Confirmatory Faculty through the OFS

Rupert Allen DAC Secretary Direct Line: 0116 261 5332 Applications: https://facultyonline.churchofengland.org/ Architect submissions: dac@lecportal.org Email: rupert.allen@leccofe.org Website: www.leicester.anglican.org/dac