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Parsonages and Glebe Diocesan Manual - Incorporating the Impact of the Church Property Measure 2018 April 2020

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Parsonages and Glebe Diocesan Manual - Incorporating the Impact of the Church Property Measure 2018 April 2020 Click here for contents Church Commissioners Parsonages and Glebe Diocesan Manual - incorporating the impact of the Church Property Measure 2018 April 2020 Parsonages and Glebe Diocesan Manual Introduction Section 1: Parsonages 1.1 Parsonages – Consents & Notices (with table of Parsonages Measures Consents and Notices) 1.2 Acquisition 1.3 Building 1.4 Disposal 1.5 Demolition 1.6 Improvement, Division, Enlargement, Additions & Alterations 1.7 Financing the Building, Purchase and Improvement of Parsonages 1.8 Easements 1.9 Lettings 1.10 Parsonages Measure Rules & Recommended Forms 1.11 Application Form H (Parsonages Measures proposals) 1.12 Application Form PMD (Mission and Pastoral Measure - Disposal) 1 Section 2: Glebe 2.1 Consents & Notices (with flowchart of glebe consents and notices) 2.2 Acquisition 2.3 Disposal 2.4 Improvements 2.5 Financing the Acquisition and Improvement of Glebe 2.6 Section 8 Orders 2.7 Application Form G (Endowments and Glebe Measure proposals) Section 3: Effect of the Ecclesiastical Offices (Terms of Service) Measure 2009 and its Regulations in relation to clergy housing 3.1 Parsonage houses 3.2 Other office holders’ rights to housing 3.3 Regulated transactions 3.4 Rights and duties of relevant housing providers and occupiers 3.5 Parsonages transferred to diocesan ownership by Pastoral Schemes/Orders 3.6 Notice to be served on office holder 3.7 Application Form CT (EO(TOS) Measure proposals) Section 4: Restrictive Covenants 4.1 Restrictive Covenants (with flowchart of procedures) 4.2 Application Form R (Release/Variation of Restrictive Covenant) Section 5: Management Schemes made under the Repair of Benefice Buildings Measure 1972 and Endowments and Glebe Measure 1976 or Church Property Measure 2018 Section 6: The Church Commissioners' Mission, Pastoral and Church Property Committee 's role in relation to Parsonages, Glebe and Ecclesiastical Office holders and Personal Interests of Members of Diocesan Boards/Committees (with representation procedures flowchart) 6.1 Introduction 6.2 Part 1 of the Church Property Measure 2018 6.3 Glebe 6.4 Ecclesiastical Offices 6.5 Administrative Law/Judicial Review 2 6.6 Personal Interests of Members of Diocesan Committees Section 7: Deed and Other Enquiries relating to Parsonages and Glebe Section 8: Transactions under Part 3 of the Church Property Measure 2018 8.1 Newly Acquired Land 8.2 Parsonages Act 1865 8.3 Application for the Commissioners’ consent Application Form CPM Part3/ACQ CPM Part 3 and Parsonages 8.4 Act Acquisition) Section 9: Value Linked Loans 9.1 Value Linked Loan Scheme 9.2 Notes VLL2 (Terms & Conditions of Assistant Staff Housing Scheme) 9.2 Application Form VLL3 (Housing Assistance in Clergy Marriage Breakdown) 9.3 Notes VLL4 (Terms & Conditions of Clergy Marriage Breakdown Scheme) 9.4 Notes VLL5 (Summary of Clergy Marriage Breakdown Scheme) Section 10: Town and Country Planning Matters Section 11: The Parsonages Design Guide Leaflets 3 Annexes A Definitions and Connected Person Declaration B Illustration of Intra Church Transactions C Bed & Breakfast in Parsonages D Smoke-free England E The disposal of unconsecrated church land and parsonage land that is no longer required F Recommended practice around glebe transactions G Glossary H Parsonages Design Guide Leaflets 4 Pastoral Division’s Website The following documents can be downloaded from our website at ccpastoral.org 1 Parsonages and Glebe Manual 2 Application Forms 3 Parsonages Measures Rules 2000 and Recommended Forms 4 Parsonages Design Guide (with accompanying leaflets) 5 Parsonages and Glebe: Planning Appeals and Court Judgments 6 Repair of Benefice Buildings Measure Code of Practice 7 Value Linked Loans (application forms and notes) 8 Legislation (i) Church Property Measure 2018 (ii) Mission and Pastoral Measure 2011 (iii) Repair of Benefice Buildings Measure 1972 (iv) Diocesan Stipends Funds Measure 1953 (v) Patronage (Benefices) Measure 1986 5 Introduction Parsonages and Glebe Diocesan Manual The Church Property Measure 2018 (which came into effect on 1 March 2019) brought together provisions relating to church property previously contained in separate pieces of legislation. This Manual provides legal and procedural guidance which diocesan administrators and their professional advisers should follow when carrying out the range of transactions relating to clergy housing and glebe land. It also deals with: the Commissioners’ role in those matters where our approval is needed (for example, in cases where “connected persons” are involved and/or where objections relating to parsonages or parsonage land have been received); the release and variation of restrictive covenants. The Manual also offers advice on a variety of related matters, which has been updated and revised as necessary. For example, the free-standing leaflets on procedural and financial matters which accompanied the current Parsonages Design Guide published in 1998 have been amended to reflect the legislative changes. All the Design Guide leaflets are included in the Manual for ease of reference. Under the various elements of the legislation covered by this manual, dioceses are obliged to “have regard to” the advice offered by the Commissioners. This advice is offered in general to ensure that there are no procedural flaws in processing diocesan proposals that might subsequently be capable of legal challenge. The Manual is designed in such a way that, as a series of free-standing documents, its component parts can be reproduced and made available to individual members of diocesan boards/committees, the clergy, parochial church councils, churchwardens, sequestrators etc. as required. Our website (xxxxx) will always contain the latest version of the Manual together with the Church Property Measure and the Parsonages Design Guide. We have also included application form templates for use where the Commissioners’ approval is needed. All files are in Microsoft Word format apart from those for the Design Guide which are in .pdf format Whilst we hope that the Manual is as comprehensive as possible, it may not answer all questions which arise in the course of dealing with parsonages and glebe matters. The Commissioners’ staff will of course be happy to assist in this respect and up to date contact details are available from our website at ccpastoral.org/pastcontacts/. Andrea Mulkeen Head of Pastoral and Closed Churches April 2020 6 Part 1 Parsonages 1.1 Parsonages - Consents & Notices (plus table of Parsonages Consents and Notices) 1.2 Acquisition 1.3 Building 1.4 Disposal 1.5 Demolition 1.6 Improvement, Division, Enlargement, Additions & Alterations 1.7 Financing the Building, Purchase and Improvement of Parsonages 1.8 Easements 1.9 Lettings 1.10 Parsonages Measures Rules2000 & Recommended Forms 1.11 Application Form H (Parsonages proposals) 1.12 Application Form PMD (Mission and Pastoral Measure 2011 - Disposal) 7 Section 1.1 Parsonages – Consents & Notices Parsonages The term "parsonage house" means the property vested in the incumbent of a benefice as his or her official residence, including any outbuildings or land and any related rights. The following sections summarise the procedures for selling, demolishing, exchanging, building, purchasing, dividing or improving a parsonage house under the Church Property Measure 2018 (“the CPM 2018”) or the Repair of Benefice Buildings Measure and the application of any sale proceeds. They also summarise the procedures for financial and various other administrative matters. Consents and Notices The legal position 1.1.1 Section 1of the CPM 2018 authorises the incumbent as freehold owner (or the Bishop in a vacancy of the benefice) to sell, demolish, exchange, build, purchase, divide or improve a parsonage. However, the incumbent cannot act independently. The consents of the Bishop, Diocesan Parsonages Board and, in certain circumstances, the Commissioners are also required. Any other member of a team ministry occupying the parsonage house also has to consent. The PCC(s) of the parish(es) and the patron(s) of the benefice have a right of representation to the Commissioners. In addition, where a parsonage house is that of a team ministry benefice, all the members of the team have a right to be consulted by the team rector (or the Bishop in a vacancy) and for their views to be taken into account. Although not statutory, we recommend that the patron(s) and PCC(s) of all the benefices held in a plurality should be consulted informally over any proposal under the above sections of the Measure. See the table annexed to this Note for a summary of the legal position. 1.1.2 Notice of any proposals under Part 1 of the CPM for the sale, demolition, acquisition, exchange, demolition or disposal of a parsonage should be given by serving the recommended form (Form 1 ) on the patron(s) and all of the PCCs within the benefice by the Diocesan Parsonages Board on behalf of the incumbent (or Bishop). The Notice does not need to provide details of the specific terms of the proposed transaction(s) but the address/location of the property to be acquired, disposed of etc. must be given The period for making written objections to the proposals to the Diocesan Parsonages Board (for onward transmission to the Commissioners) is 21 days, commencing on the day after the date on which the notice has been given. A covering letter using the model in the last page of section 1.10 should make it clear that letters received after the notice period has expired will not be considered unless there are exceptional circumstances (e.g. postal strike or email failure). Representors must be asked whether they wish to see the Commissioners’ correspondence with the diocesan authorities and are then offered the opportunity to comment further if they so wish. We have been advised by our Official Solicitor that the Human Rights Act 1998 requires the interested parties to be able to see such an exchange of correspondence so their right to do so must be explicit. The model letter incorporates all these points.
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