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Re St Bartholomew, Orford

St Edmundsbury and Ipswich Consistory Court: Leonard Dep Ch, 8 August 2018 [2019] ECC SEI 3 Organ – DAC advice

Published online by Cambridge University Press:  02 September 2019

Ruth Arlow*
Affiliation:
Chancellor of the Dioceses of Norwich and Salisbury
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2019 

The petition concerned the introduction of a replacement organ into this Grade I listed mediaeval church. The existing temporary church organ had replaced the original when it was crushed by the fall of the west tower. It was insufficient in terms of size, volume and significance for the church, which had a proud musical tradition. The petition arose from the offer, by the music department of Southampton University, of a Peter Collins organ from 1977, at the price of transport and installation only. Although both the Diocesan Advisory Committee (DAC) organ adviser and an independent adviser were broadly happy with the proposal to introduce the organ, which would, it was said, be one of the finest in the diocese, the DAC voted not to recommend the introduction. Historic England also had reservations that the organ offered was too big for the church and did not fit well with its architecture. The Church Buildings Council, however, backed by a number of other musicians from across the diocese, were very supportive of the proposal and the potential for developing the church as a musical venue.

Applying the Duffield questions, the deputy chancellor found that the introduction of the organ would cause harm, but that the harm was not the most serious as the organ and casing could be removed and, if the organ was located beneath the arch, the impact would be reduced. Applying the third, fourth and fifth tests it was held that the benefits for the church's mission of an adequate organ would outweigh any harm caused by the organ being oversized and modern. The faculty was therefore granted on the basis that the mission of the particular church, with its musical tradition and a team capable of managing the developments, justified such harm as would be caused. The deputy chancellor did not take the decision against the DAC recommendation lightly, but commented that there would be no purpose in having a Consistory Court if it did no more than confirm on every occasion the DAC's recommendation. [Catherine Shelley]