PART 10ACQUISITION AND APPROPRIATION OF LAND FOR PLANNING PURPOSES ETC.

Removal of restrictions on use of open spaces, burial grounds etc.

275Development and use of commons, open spaces and allotments

(1)

Where there has been a relevant acquisition or relevant appropriation of land that is or forms part of a common, open space or allotment—

(a)

if the land has been acquired by a government department, it may be developed or used by the department in any way for any purpose for which it was acquired;

(b)

in any other case, it may be developed or used by any person in any way.

(2)

Subsection (1) applies despite anything in—

(a)

any enactment relating to commons, open spaces or allotments, or

(b)

any enactment specifically regulating the land concerned.

(3)

This section does not authorise—

(a)

a breach of planning control,

(b)

any act or omission that is actionable by any person on any grounds other than contravention of an enactment mentioned in subsection (2), or

(c)

any act or omission on the part of a body corporate in contravention of any limitation imposed by law on its capacity by virtue of its constitution.

(4)

In relation to land in England, the reference to a breach of planning control in subsection (3)(a) means a breach of planning control within the meaning given by section 171A of the Town and Country Planning Act 1990 (c. 8).