277Development and use of land connected to religious worship other than burial grounds(1)

Where there has been a relevant acquisition or relevant appropriation of land connected to religious worship—

(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, the land may be developed or used by any person in any way.

(2)

In this section “land connected to religious worship” means—

(a)

consecrated land, and

(b)

other land that at the time of its acquisition or appropriation included—

(i)

a church or other building used or previously used for religious worship, or

(ii)

the site of such a church or other building,

but does not include land that is or forms part of a burial ground.

(3)

Land connected to religious worship may be developed or used in accordance with subsection (1) despite any obligation or restriction relating to the development or use of such land (whether imposed under ecclesiastical law or otherwise).

(4)

Any development or use of land authorised by subsection (1) is subject to—

(a)

compliance with any requirements imposed by regulations in relation to—

(i)

the removal and reinterment of human remains, and

(ii)

the disposal of monuments, fixtures and furnishings;

(b)

any provision made by regulations prohibiting or restricting the development or use of the land while—

(i)

any church or other building used or previously used for religious worship remains on the land, or

(ii)

any part of such a church or other building remains on the land.

(5)

Regulations that impose a prohibition or restriction under subsection (4)(b) may provide that it does not apply if consent has been obtained in accordance with the regulations.

(6)

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 obligation or restriction mentioned in subsection (3), 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.

(7)

In relation to land in England, the reference to a breach of planning control in subsection (6)(a) means a breach of planning control within the meaning given by section 171A of the Town and Country Planning Act 1990 (c. 8).