The chancellor gave a judgment in consolidated proceedings relating to four petitions and one application for a dispensation from faculty. Each matter concerned the replacement of stolen lead on listed church buildings and the chancellor sought to provide guidance for future cases throughout the diocese. In each case the chancellor had already permitted the works to proceed on the basis of urgency but had directed that full consultation should take place with the amenity societies, English Heritage (EH), the local planning authorities, the Church Buildings Council (CBC), the churches' insurers and the diocesan advisory committee. The chancellor summarized the evidence and advice tendered by the various bodies and then set down guidance for the future conduct of similar cases. He acknowledged that the theft of roof coverings can create an emergency situation, as the integrity of the building is often compromised. Given the urgency that often arises, the chancellor noted that a dispensation from faculty or an interim faculty might be appropriate. He listed circumstances in which a dispensation from faculty may be suitable, namely:
i. Where the church is unlisted or, exceptionally, where the affected part of a listed church is of no particular significance;
ii. Where the church has been subject to repeated thefts or is at significant risk of future theft;
iii. Where the affected area is not visible from the ground and/or forms no part of the historic or aesthetic importance of the church;
iv. Where the cost of the work (excluding scaffolding) does not exceed £7,500.
He went on to set down a non-exhaustive list of cases that might be suitable for an interim faculty, namely:
i. Where the church is unlisted or, exceptionally, where the affected part of a listed church is of no significance or where EH, the CBC or any relevant amenity society has indicated its consent to the works;
ii. Where the church has been subject to repeated thefts or is at significant risk of future theft;
iii. Where the affected area is not visible from the ground and/or forms no part of the historic or aesthetic importance of the church;
iv. Where the damage or risk of damage to the interior of the building is such that immediate intervention is deemed expedient.
The chancellor made clear that each case should be determined on its own merits and encouraged EH and the CBC to put in place procedures to deal speedily with cases of genuine emergency. [RA]
