Day, R (On the Application Of) v Shrewsbury Town Counci & Anor

Day, R (On the Application Of) v Shrewsbury Town Counci & Anor

Shropshire Council failed to take reasonable steps to acquaint itself with the Site’s history and legal status and failed to take account of material considerations, but relief is refused because the outcome would not have been substantially different due to statutory provisions extinguishing enforceability of public rights after disposal.

Parties
Claimant: Peter Day; Defendant: Shropshire Council; Interested Party: Shrewsbury Town Council; Interested Party: CSE Developments (Shropshire) Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Grounds 1 and 2 succeed, Ground 3 fails; relief refused under section 31(2A) Senior Courts Act 1981.
Legal Topics
Statutory Trusts, Open Spaces, Planning Permission, Appropriation and Disposal of Land, Material Considerations in Planning Decisions, Duty to Give Reasons
Administrative Law Planning Law Local Government Law Statutory Trusts Open Spaces Planning Permission Appropriation and Disposal of Land Material Considerations in Planning Decisions +1 more

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Parties

Peter Day

Claimant

Shropshire Council

Defendant

Shrewsbury Town Council

Interested Party

CSE Developments (Shropshire) Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Shropshire Council failed to properly inquire into the legal status and history of the Site as open space held under statutory trust
  2. 2 Whether material considerations regarding statutory trust and planning policy were ignored
  3. 3 Whether adequate reasons were given for the planning decision

Ratio Decidendi

Shropshire Council failed to take reasonable steps to acquaint itself with the Site’s history and legal status and failed to take account of material considerations, but relief is refused because the outcome would not have been substantially different due to statutory provisions extinguishing enforceability of public rights after disposal.

Court Disposition

Grounds 1 and 2 succeed, Ground 3 fails; relief refused under section 31(2A) Senior Courts Act 1981.