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Case details

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

Case ID: 2021/0031

Case summary

Issue

(1) When a local authority sells 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? In either case, what are the legal implications for the authority and the buyer?
(2) Are the existence of any (former) statutory trust and public recreation rights material considerations that need to be taken into account in granting planning permission?

Facts

Shrewsbury Town Council sold a parcel of land to CSE Developments (Shropshire) Limited (“CSE”) on 4 October 2017. It is agreed between the parties that, prior to the sale, the land was subject to a statutory trust for the benefit of the residents of the area. 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, Shropshire Council granted conditional planning permission to CSE to build 15 dwelling houses on the site on 8 November 2018.

Dr Day brought a judicial review claim challenging the grant of planning permission. The claim was allowed in part by the High Court, but the High Court refused any remedy as it concluded that it was highly likely that the outcome would not have been substantially different if the conduct complained of had not occurred. Dr Day’s appeal to the Court of Appeal was dismissed.

Judgment appealed

[2020] EWCA Civ 1751

Parties

Appellant(s)

Dr Peter David Day

Respondent(s)

Shropshire Council

Appeal

Justices

Lord Reed, Lord Kitchin, Lord Hamblen, Lord Stephens, Lady Rose

Hearing start date

7 December 2022

Hearing finish date

7 December 2022

Watch hearing
7 Dec 2022 Morning session Afternoon session
 

Future Judgment Update

Please note that appeal in the matter of R (on the application of Day) (Appellant) v Shropshire Council (Respondent) has been heard by the Supreme Court and is currently awaiting judgment.

As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.