C O N T E X T 1 4 5 : J U LY 2 0 1 6 11 moveable benches. And, of course, all or any of these events may take place in the church hall, if there is one; and it will often be appropriate to use the hall for a rather wider range of activities (such as parties, food banks and night shelters for the homeless) than would be appropriate in the church itself. Other uses that have been authorised on a more permanent basis include a vegetarian restaurant in the crypt of a City church in London, and the subsequent variation of the permitted use to allow alcohol to be sold, and modernisation of the layout and fittings; various educational and community purposes, under the auspices of a local committee, in ancillary rooms; and an IT training centre. In each case the consistory court has been astute to ensure that the new use does not interfere with the primary use of the building for worship and related purposes. What all this means in practice, and how any resulting restrictions are to be enforced, will probably be determined in principle by the parochial church council in the first instance, and then sanctioned by the grant of a faculty from the chancellor.That may in the long run assist the parish, as it will be able to point to the faculty and thus minimise ill feelings arising in negotiations with regular users of the building. Practical implications Proposals to introduce any activity for the first time need to be thought through carefully.The starting point will be to determine how much space will be required – not just for the main event, but also for the associated activities, such as a reception area (where the activity involves the public), display space, storage (either while the activity is taking place or between sessions), or break-out space (for seminars and conferences). Other issues to be considered will be whether the activity will lead to a demand for signs and banners outside or inside the church, or extra parking or vehicle drop-offs; and whether it will require additional provision to meet the needs of disabled people. In practice, things change. A successful activity will attract increasing numbers of people, leading to heightened pressure on the space, possible increased damage to property, and greater need for supervision by the parish. By contrast, a failing activity may lead to requests to lower the booking fee, until it does not even cover the costs. More prosaically, it is important to ensure that the activity does not create any fire hazard, that there are sufficient fire exits, and that other regulations are complied with – such as those relating to health and safety, food hygiene, alcohol, noise, waste and litter. Some local authorities offer helpful guidance on such matters. If the activity is to take place within the church itself, any objects of special value (including monuments) must be protected. Damage to the floor will need to be avoided – for example, by the use of protective matting, or the prohibition of dancing on wooden floors, or of red wine on stone ones. And food hygiene requirements may require sinks for any catering activities to be separate from those used for flower arranging and floor cleaning. Allowing such activities may lead to some extra income for a parish; and indeed any user should in principle be asked to pay the full market rent.There will often be a wish to offer the premises at a below-market fee, but it should be recognised that the implied subsidy represents a gift to the organisation concerned, and it is important that the parish is willing for that to happen. The generation of income will often not be the principal motivation for allowing a church or hall to be used in this way, but the parish should certainly ensure that the amount of rent at least covers the cost of the heat, light and other services that are used. The need for permission New uses of a church or hall – whether for worship by visiting organisations or for secular uses – may well involve the moving of furniture, but that is likely to be temporary, with the furniture being put back at the end of the use. That will therefore not require a faculty, or any other authorisation. Such uses will also generally not, in themselves, require physical works to be carried out to enable them to take place – although the possibility of accommodating them may be an additional argument to justify proposals such as the removal of fixed pews or the provision of improved lighting or additional car parking. And that may well be a factor influencing the chancellor’s overall assessment of the need for a particular proposed change. Quite apart from the resulting physical changes, the new use itself will not normally need a faculty, particularly if it is within a type that frequently occurs, or if it is an appropriate use occurring on a one-off basis. But it may be wise for a parish to seek a general faculty for the use of the church or the church hall (or specific parts of them) for a variety of secular uses, so that all the points above can be considered on a general basis. That may also be helpful to avoid undue pressure to allow an unsuitable activity, or to justify slight restrictions to prevent a suitable activity getting out of control. A faculty may, for example, impose limits on the hours of use, and might require that alcohol may not be brought on to the premises (either by anyone other than the organisers of the event in question, or at all), or that a member of the parochial church council be present throughout. Or it might stipulate that any new use of the church – or any use of the church hall in a new category – must be approved by the vicar. Note that a faculty will be required where a formal licence or lease is to be entered into. That will deal with many of the practical points mentioned above. And where a church is to be divided into two parts on a reasonably permanent basis, or a church hall is to be used for a non-church use, that may require both a faculty and planning permission. This is a shortened extract from Charles Mynors’ new book, Changing Churches: a practical guide to the faculty system, published by Bloomsbury at £40. Charles Mynors for many years wrote a legal update column for Context, and was until recently a barrister at Francis Taylor Building in the Temple. He is now in charge of the Law Commission’s project to consolidate and codify planning law inWales. He is working on the fifth edition of his textbook, to be entitled Listed Buildings and Other Heritage Assets, due to be published later this year by Sweet & Maxwell.
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