The Faculty Jurisdiction Rules 2015

The Faculty Jurisdiction

Rules 2015

Contents

1. 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 3.5 Excluded 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.

6 7 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 routineThe parochial church council’s insurers are maintenance to the church building notnotified if external scaffolding is to be erected affecting the fabric or any historic material

(2) Repairs and replacement of fittings in existing kitchens, lavatories and office accommodation

(3) Like for like repairs to windowThe works do not include repairs to broken or glass cracked quarries in stained glass or historic clear glazed windows

(4) The repair or like for likeOnly non-corroding fixings are used and, where replacement of wire mesh windowpracticable, are fixed in mortar joints guards

(5) Works of repair and routineThe works do not involve making additions to an maintenance to existing— electrical installation (a) heating systems Any work to a gas fitting is carried out by a person (b) gas, water or other services who is registered on the Gas Safe Register (or is a

8 Matter Specified conditions (c) electrical installations and othermember of another class of persons approved by electrical equipment 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 lightningThe parochial church council’s insurers are conductor notified of the proposed work and the work is carried out by a specialist contractor approved by them

(8) The repair, maintenance, removal,Only non-corroding fixings are used where a disposal or replacement of a flagpole flagpole is repaired or replaced

(9) The introduction, removal orThe existing use of the vestry is not changed disposal of furniture, furnishings, officeNo article of historic or artistic interest is equipment and minor fixtures (otherremoved or disposed of than safes) in vestries and similar rooms

(10) The introduction, removal orAny instructions from the supplier or the disposal of fire extinguishers parochial church council’s insurer in relation to their type or location are complied with

(11) The making of additions to anThe board is not a war memorial or roll of honour existing name board The addition is in the same style (including colour and materials) as existing names on the board

9 Matter Specified conditions (12) The installation of bat boxes as part of a bat management programme

(13) The introduction of anti-roostingOnly non-corroding fixings are used and, where spikes practicable, are fixed in mortar joints

A2. Musical instruments (1) The introduction or disposal ofNo article of historic or artistic interest is musical instruments (other than organsdisposed of and grand pianos) and associated equipment

(2) The routine tuning andIn the case of organs, any works do not involve maintenance of organs and pianos tonal alterations, changes to the action or major dismantling of the instrument

A3. Bells etc. (1) The inspection and routineNo tonal alterations are made to any bell maintenance of bells, bell fittings andNo bell is lifted from its bearings bell frames

(2) The repair and maintenance ofWorks do not include the re-soling or re-rimming clappers, crown staples (including re-of a bell wheel bushing) and bell wheels No bell is lifted from its bearings

(3) The repair or replacement of bellNo bell is lifted from its bearings stays, pulleys, bell ropes (including in Ellacombe apparatus), rope bosses, sliders or slider gear

(4) The repainting of metal bell framesNo bell is lifted from its bearings and metal bell fittings

A4. Clocks The inspection and routineWorks of maintenance do not include re-painting maintenance of clocks and clock faces or re-gilding of clock faces A5. Church contents

10 Matter Specified conditions (1) The repair of woodwork,Matching materials are used metalwork and movables 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 ofNo article of historic or artistic interest is marked forensic marking

(3) The introduction, removal orThe introduction , removal or disposal of the disposal of kneelers, hassocks, pewarticles does not result in a change to the overall runners and cushions appearance of the church No article of historic or artistic interest is removed or disposed of

(4) The introduction, removal orNo article of historic or artistic interest is disposal of— removed or disposed of (a) movable bookcases (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)

11 Matter Specified conditions (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

(2) The introduction, removal orNo article of historic or artistic interest is disposal of furniture removed or disposed of

A7. Churchyard (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, repairsThe works do not involve any new disturbance to, and like for like replacement ofbelow ground level fences and gates (but not lychgates,

12 Matter Specified conditions walls or historic railings)

(4) The carrying out of repairs to a notice board and the repainting of a notice board

(5) The grant by the incumbent of aThe licence is in a form approved by the licence for grazing in the churchyard chancellor

A8. Trees (1) The felling, lopping or topping ofThe works do not relate to any tree in respect of a tree the diameter of any stem ofwhich a tree preservation order is in force or which does not exceed 75 millimetreswhich is in a conservation area (measured over the bark at a height ofRegard is had to guidance issued by the Church 1.5 metres above ground level) Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

(2) The lopping or topping of any treeRegard is had to guidance issued by the Church — Buildings Council as to the planting, felling, (a) that is dying or dead; or lopping and topping of trees in churchyards (b) has become dangerous

(3) The removal of dead branchesRegard is had to guidance issued by the Church from a living tree Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

13 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.

Matter Specified conditions

B1. Church building etc. (1) Works of routineThe works are identified as routine items of maintenance maintenance and repairin the most recent report prepared in respect of the affecting the fabric of a churchchurch pursuant to section 1(2) of the Inspection of or historic material 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

(2) The installation of a wallThe installation does not affect historic fabric

14 Matter Specified conditions offertory box

(3) The introduction of a safe in a vestry or similar room

(4) Works of external orDetails of materials and colours are submitted to the internal redecoration (otherarchdeacon when the archdeacon is consulted on the than to areas of historic wallproposal to undertake the matter painting, even if already paintedThe overall appearance of the building is not changed over) The parochial church council’s insurers are notified if external scaffolding is to be erected

(5) The treatment of timberThe works do not involve the replacement of timber against beetle or fungal activity

(6) Works of adaptation (notAny work to a gas fitting is carried out by a person who is amounting to substantialregistered on the Gas Safe Register (or is a member of addition or replacement) to— another class of persons approved by the Health and (a) heating systems Safety Executive for the purposes of Regulation 3(3) of (b) gas, water and otherthe Gas Safety (Installation and Use) Regulations 1998) services Any work to an electrical installation or electrical (c) electrical installations andequipment is carried out by a person whose work is other electrical equipment 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 boilerAny work to a gas fitting is carried out by a person who is in the same location andregistered on the Gas Safe Register (or is a member of utilising an existing fuel supplyanother class of persons approved by the Health and and existing pipe-runs Safety Executive for the purposes of Regulation 3(3) of

15 Matter Specified conditions the Gas Safety (Installation and Use) Regulations 1998) The works do not involve the creation of a new external flue The parochial church council’s insurers are notified of the proposals

(8) The introduction orAny work to a gas fitting is carried out by a person who is replacement of controlregistered on the Gas Safe Register (or is a member of equipment that is ancillary to aanother class of persons approved by the Health and boiler or existing heatingSafety Executive for the purposes of Regulation 3(3) of system 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 proposals

(9) The like for likeThe material being replaced was not introduced replacement of roofing material unlawfully The parochial church council’s insurers are notified of the proposals

(10) The installation of a roofThe amount of associated cabling is kept to the minimum alarm that is reasonably practicable

(11) The installation of lightingThe lighting or other equipment— and safety equipment  is installed only in a part of the church (such as a tower or crypt) that is not normally visible to the public, or

 when installed will not be visible from ground level Any work to an electrical installation or electrical

16 Matter Specified conditions equipment is carried out by a person whose work is subject to an accredited certification scheme (as defined in rule 3.1(6)) The installation will not affect any graves or vaults The parochial church council’s insurers are notified of the proposals

(12) The installation of aThe parochial church council’s insurers are notified of the lightning conductor proposals and the work is carried out by a specialist contractor approved by them

(13) The installation of a sound reinforcement system or loop system or the alteration of an existing system

B2. Bells etc. (1) The lifting of a bell toRegard is had to any guidance issued by the Church allow the cleaning of bearingsBuildings Council and housings The bell is currently in a fit condition to be rung

(2) The like for likeRegard is had to any guidance issued by the Church replacement of— Buildings Council (a) bearings and theirThe bell is currently in a fit condition to be rung housings The works do not involve the drilling or turning of the (b) gudgeons bell (c) crown staple assembly (d) steel or cast iron headstocks (e) wheels

(3) The replacement of— Regard is had to any guidance issued by the Church

(a) bell bolts Buildings Council (b) a wrought iron clapperThe bell is currently in a fit condition to be rung shaft with a wooden-

17 Matter Specified conditions shafted clapper

(4) The treatment of timber bell frames with preservative or insecticide materials

(5) The re-pinning or re-Regard is had to any guidance issued by the Church facing of hammers in EllacombeBuildings Council apparatus 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 trainsNo part of the clock mechanism is affected to prevent striking at night

(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

(2) The introduction,No equipment is fixed to the fabric of the church maintenance or replacement of portable audio-visual equipment used in connection with church services

18 Matter Specified conditions

(3) The replacement ofOnly breathable underlay is used when underlay is carpets or other floor coveringreplaced and underlay

(4) The replacement of curtains (other than curtains and other hangings associated with an altar)

(5) The treatment of fixtures and furniture against beetle or fungal activity

(6) The introduction of a book of remembrance and stand

(7) The introduction of a fixed internal noticeboard

(8) The disposal of free-No chair of historic or artistic interest is disposed of standing chairs

(9) The replacement of aNo piano of historic or artistic interest is disposed of grand piano with another grand piano and the disposal of the original grand piano

B5. Churchyard (1) The introduction of benchesNo bench has an inscription on it which would not be 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 orThe replacement tank is of similar dimensions and in oil tanks substantially the same location No works of excavation are involved

19 Matter Specified conditions The local planning authority is notified of the proposal

(3) The routine maintenance,The works do not relate to any wall which is included in repair or rebuilding of walls 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 The parochial church council’s insurers are notified if external scaffolding is to be erected

(4) The routine maintenanceThe lychgate is not separately listed as a building of or repair of lychgates special architectural or historic interest under the Planning (Listed Buildings and Conservation Areas) Act 1990

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— In the case of any tree in respect of which a tree (a) that is dying or dead; or preservation order is in force or which is in a (b) has become dangerous conservation area, section 206 of the Town and Country

20 Matter Specified conditions Planning Act 1990 (which provides for the planting of replacement trees) is complied with Regard is had to the guidance issued by the Church Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

(3) All other works to treesIf applicable, the law relating to the preservation of trees (whether or not prescribed inin respect of which a tree preservation order is in force or List A) except felling which are in a conservation area is complied with Regard is had to the guidance issued by the Church Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

21 GUIDANCE TO PAROCHIAL CHURCH COUNCILS ON THE MAINTENANCE AND RESTORATION OF CHURCH BELLS

Background

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.

22 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 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.

23 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

24 GUIDANCE TO PAROCHIAL CHURCH COUNCILS ON 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.

25 - 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

26 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).

27 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

28 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.

29 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

30 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.

31 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

32 GUIDANCE TO PAROCHIAL CHURCH COUNCILS ON 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.

33 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

34 35 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 a faculty for the following reason(s):

36 [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]

37 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?

38 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?

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?

39 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.