Day, R (On the Application Of) v Shropshire Council

Day, R (On the Application Of) v Shropshire Council

Where a local authority disposes of land subject to a statutory trust for public recreation without complying with statutory requirements, the disponee obtains title free of the trust unless they have actual knowledge of the non-compliance. Consequently, public recreational rights do not subsist and are not a material consideration for planning. The judge was correct to refuse relief and to find the interference with the retained land de minimis.

Parties
Appellant: Peter Day; Respondent: Shropshire Council; Interested Party: Shrewsbury Town Council; Interested Party: CSE Development (Shropshire) Limited
Jurisdiction
England and Wales
Judgment Date
23 December 2020
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal dismissed
Legal Topics
Statutory Trusts, Disposal of Public Land, Planning Permission, Material Planning Considerations, Costs Orders
Administrative Law Planning Law Local Government Law Statutory Trusts Disposal of Public Land Planning Permission Material Planning Considerations Costs Orders

Case Brief

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Parties

Peter Day

Appellant

Shropshire Council

Respondent

Shrewsbury Town Council

Interested Party

CSE Development (Shropshire) Limited

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does a statutory trust for public recreational purposes subsist after disposal of land by a local authority without compliance with statutory requirements?
  2. 2 Are any subsisting rights under such a trust enforceable against the disponee?
  3. 3 Are such rights a material consideration in planning decisions?

Ratio Decidendi

Where a local authority disposes of land subject to a statutory trust for public recreation without complying with statutory requirements, the disponee obtains title free of the trust unless they have actual knowledge of the non-compliance. Consequently, public recreational rights do not subsist and are not a material consideration for planning. The judge was correct to refuse relief and to find the interference with the retained land de minimis.

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

  • No relief granted to the appellant
  • No order as to costs at first instance; costs on appeal to be subject to further submissions if not agreed