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Housing Seminar: Partnerships with the Public Sector – Avoiding the pitfalls
Thu 31 May 2012
Minerva House, 5 Montague Close, London, SE1 9BB
Daughter aims to challenge 'badly-written' law
Fri 04 Jun 2010
Planning officials at Leeds City Council could face a lawsuit if they back plans to build a car park near the site of an old church.
St Mary's Church in Morley was sold to entrepreneur Graham Butterworth two years ago, who intends to turn part of the site into a luxury hotel and restaurant, complete with car park.
The proposals would require building contractors to relocate several dozen headstones, much to the chagrin of Kate Scott, whose father is buried in the cemetery.
Ms Scott's father was a retired judge and was also opposed to the development plans, as he believed they would be illegal.
Speaking to the Yorkshire Evening Post, Ms Scott said her father thought the law concerning building on consecrated land was badly written.
She added that Mr Scott believed the legislation contains "many loopholes" that have so far never been challenged in the courts.
Leeds City Council has so far refused to comment ahead of the planning decision being made.
John Rees, a partner at Winckworth Sherwood Solicitors, commented: "If this church has been made redundant formally by the Church Commissioners then it is likely that stringent restrictions will have been imposed on its longer-term use, and on the protection of human remains and memorials in the church and its churchyard.
"The enforcement powers of the Church authorities are extensive under the Pastoral Measure 1983.
"However, those powers are quite separate from the narrower planning considerations the local authority will have to take into account – that may be the 'loophole' that the late judge is reported to have complained about."
