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Case details

R (on the application of Day) (Appellant) v Shropshire Council (Respondent)

Case ID: 2021/0031

Case summary

Issue

When a local authority disposes of land which is subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements, does that trust continue or end; and, in either case, what are the legal implications for the authority and the disponee?

Facts

Shrewsbury Town Council sold a parcel of land to CSE Developments (Shropshire) Limited on 4 October 2017. Prior to the sale, the land was open space, as defined by section 20 of the Open Spaces Act 1906 and was therefore subject to a statutory trust. In selling the site, Shrewsbury Town Council failed to comply with the statutory requirements contained in section 123(2A) of the Local Government Act 1972, namely the advertisement of the land for two consecutive weeks in a local newspaper and the subsequent consideration of any objections. Following the sale, the Respondent, Shropshire Council, granted conditional planning permission to CSE Developments (Shropshire) Limited to build 15 dwelling houses on the site on 8 November 2018.

The Appellant brought a judicial review claim challenging the grant of planning permission. The claim was dismissed by the High Court and Court of Appeal. The Appellant now appeals to the Supreme Court.

Judgment appealed

[2020] EWCA Civ 1751

Parties

Appellant(s)

Dr Peter David Day

Respondent(s)

Shropshire Council

Appeal

Justices

Lord Reed, Lord Hamblen, Lord Stephens, Lady Rose, Lord Richards

Hearing start date

7 December 2022

Hearing finish date

7 December 2022