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Re St James, Heckmondwike

Leeds Consistory Court: Samuel Dep Ch, 29 March 2019 [2019] ECC Lee 1 Removal of organ – electronic organ – display pipes

Published online by Cambridge University Press:  31 December 2019

David Willink*
Affiliation:
Deputy Chancellor of the Dioceses of Salisbury and St Albans
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2019

The petitioners sought a faculty to remove an existing nineteenth-century organ, and to install an electronic organ in the same location with speakers mounted behind the existing, later, case and display pipes. The diocesan organ advisor found no real faults with the existing instrument, but that it had a heavy action which made playing exceptionally difficult. Restoration costs were put at between £70,000 and £100,000. The Diocesan Advisory Committee (DAC) recommended the works, finding no harm to the significance of the church, and the public notice elicited no response. The Church Buildings Council (CBC) noted that the case was part of a fine ensemble including panelling and screens, but that the organ itself was not a particularly good example of the work of its builders. The CBC hoped that the organ might be reused elsewhere. It did not object to the separation of organ and case, but did not consider that the case was an appropriate place for new speakers or for a digital organ console.

The court agreed with the DAC and the CBC that the removal of the organ would not cause harm to the character of the building. However, to remove the case and display pipes so that they could remain with the organ would cause substantial harm. The faculty was issued as sought, subject to the condition that a suitable recipient for the organ was sought and found, and that all works must be supervised by a professional organ contractor. The petitioners were urged to have regard to the CBC's views as to the location for the speakers, with liberty to apply to vary the faculty accordingly. [DW]