3 C
London
HomeLegal NewsSupreme Court to rule on importance of trust over public recreation land

Supreme Court to rule on importance of trust over public recreation land

Helen Greaney
By Helen Greaney

The status of a piece of land in Shrewsbury, secured for public recreation by a statutory trust almost 100 years ago, will be considered by Supreme Court judges on Wednesday 7 December 2022.

Dr Peter Day’s appeal will make the case that the public enjoyed public rights to recreation over the land from around 1926. In 2017 Shrewsbury Town Council sold the land to a private developer without acknowledging it was part of the Greenfields Recreation Ground up to, and after it was sold to a developer in 2017.

Dr Day argues that the public’s rights to use the land for recreation should have been considered by Shropshire Council before they granted planning permission for a housing development on the land.

The High Court found in favour of Dr Day’s claim that the council failed to take reasonable steps to find out whether the site was part of the Greenfields Recreation Ground before it granted planning permission, but Lang J declined to quash the planning permission. The Court of Appeal rejected his appeal.

Dr Day and the Greenfields Community Group have waged a long campaign to save the land from development and earlier this year, following the publication of an independent report, Shrewsbury Town Council apologised and pledged to return the land to public use. However it has since, on the basis of legal advice, decided to wait until the outcome of this week’s Supreme Court hearing.

The Supreme Court will consider two points:

  • Was the Court of Appeal right to rule that section 128(2)(b) of the Local Government Act 1972 means that the statutory trust and public rights of recreation over the Greenfields land only apply if the developer can be shown to have known about the existence of the statutory trust before it bought the land? If the developer didn’t know about the trust before the purchase, does that mean they are free to ignore it?
  • Was the Court of Appeal right to rule that the public recreation rights over the recreation ground were not material considerations that needed to be taken into account when it came to giving planning permission for housing development?

Dr Peter Day is represented by law firm Leigh Day, who have instructed Alex Goodman and Kimberley Ziya of Landmark Chambers. Dr Day will argue that when there has not been a proper consultation into the sale of land, the Local Government Act 1972 does not free open space land from the burden of a trust and from public recreation rights.

He points to the National Planning Policy Framework 2012 which states that existing open space shall not be built on unless an assessment has clearly shown the land is surplus to requirements, or the loss would be replaced by equivalent or better provision elsewhere, or the development is for alternative sports and recreational provision.

The appeal to the Supreme Court is supported by Good Law Project who are crowdfunding to help with legal costs.

Dr Peter Day said:

“I am pursuing this legal claim to the Supreme Court so that we can settle once for all whether the plans for development on Greenfields Recreation Ground are unlawful.

“We are hopeful that the future of the Greenfields land will be settled soon, and very hopeful that the Supreme Court ruling will clarify the law regarding planning applications for other land held in trust for public use.”

Leigh Day solicitor Stephanie Hill said:

“My client and his local community have been campaigning for several years to save their recreation ground. The outcome of this case is hugely important for the residents of Greenfields, and will also have wider implications about the status of public rights over land and the decision-making of planning authorities. We hope that the Supreme Court will agree that local authorities cannot disregard the public rights to recreation on land which has been protected by statutory trust for the benefit of local communities.”

Ian Browne, legal manager at Good Law Project said:

“This is an important case not just for the people of Shrewsbury, but for the right of communities throughout the country to have a say about what happens to their local green spaces. We hope that the Supreme Court will ensure that the public maintain access to recreation grounds even when they mistakenly fall into the hands of private owners. We’re very happy to be able to support Peter’s case and others like it through our crowdfunding campaign.”

Total
0
Shares
Share 0
Tweet 0
Pin it 0
Share 0
Previous article
Burges Salmon advises ATA on acquisition of Industrial Tooling Corporation
Next article
UK divorce site predicts new year surge in divorce rates

latest articles

explore more

337 COMMENTS

  170. I’m extremely impressed with your writing skills and also with the layout on your blog.Is this a paid theme or did you customize it yourself?Anyway keep up the excellent quality writing, it is rare to see a nice blog like this one today.

  180. Thanks, I have recently been looking for information approximately this topic for ages and yours is the greatest I’ve found out so far. However, what in regards to the conclusion? Are you certain concerning the source?

  185. Hi, just required you to know I he added your site to my Google bookmarks due to your layout. But seriously, I believe your internet site has 1 in the freshest theme I??ve came across. It extremely helps make reading your blog significantly easier.

  189. Wow! This could be one particular of the most helpful blogs We have ever arrive across on this subject. Basically Excellent. I am also a specialist in this topic so I can understand your effort.

  203. This is a very good tip particularly to those new to the blogosphere.Brief but very accurate info… Many thanks for sharing thisone. A must read article!

  207. Thanks for ones marvelous posting! I really enjoyed readingit, you happen to be a great author. I will ensure that I bookmarkyour blog and definitely will come back someday. I want to encourage you continue your great job, have a nice day!

  210. I have been absent for some time, but now I remember why I used to love this web site. Thank you, I will try and check back more often. How frequently you update your website?

  215. Thank you so much for giving everyone a very superb possiblity to read critical reviews from this site. It’s always so enjoyable and also stuffed with amusement for me and my office acquaintances to search the blog the equivalent of 3 times per week to study the latest guidance you have got. And of course, I’m actually pleased with the great concepts you give. Selected two facts on this page are essentially the very best we have all had.

  216. I’ve read a few good stuff here. Definitely worth bookmarking for revisiting. I wonder how much effort you put to make such a fantastic informative web site.

  218. A motivating discussion is definitely worth comment. There’s no doubt that that you need to write more about this issue, it might not be a taboo subject but typically people don’t speak about such topics. To the next! Best wishes!!

  219. Thanks for ones marvelous posting! I quite enjoyed reading it, you are a great author.I will remember to bookmark your blog and will come back someday. I want to encourage that you continue your great job, have a nice morning!

  220. F*ckin’ amazing things here. I’m very glad to see your post. Thanks a lot and i am looking forward to contact you. Will you please drop me a e-mail?

  221. With havin so much content and articles do you ever run into any problems of plagorism or copyright violation? My website has a lot of unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the web without my permission. Do you know any techniques to help protect against content from being ripped off? I’d really appreciate it.

  222. naturally like your website however you have to take a look at the spelling on several of your posts. Many of them are rife with spelling issues and I to find it very troublesome to tell the reality nevertheless I will certainly come again again.

  223. Hiya, I’m really glad I’ve found this information. Nowadays bloggers publish just about gossips and net and this is really annoying. A good website with exciting content, this is what I need. Thank you for keeping this site, I will be visiting it. Do you do newsletters? Cant find it.

  226. Fantastic goods from you, man. I’ve understand your stuff previous to and you are just too fantastic. I actually like what you have acquired here, certainly like what you’re stating and the way in which you say it. You make it enjoyable and you still take care of to keep it sensible. I cant wait to read much more from you. This is really a terrific web site.

  231. Wonderful web site. Plenty of useful information here. I’m sending it to several friends ans also sharing in delicious. And obviously, thanks for your sweat!

  237. I like what you guys are up also. Such clever work and reporting! Keep up the superb works guys I¦ve incorporated you guys to my blogroll. I think it’ll improve the value of my web site 🙂

  246. At Clockwise Antique Clocks, our unrivalled reputation is built on over 35 years of masterful horology, where every repair and restoration is carried out with the same care, authenticity, and craftsmanship the original maker intended, trusted by clients ranging from aristocracy and royalty to film, sport, and everyday collectors alike.

  252. you’re actually a good webmaster. The website loading speed is amazing. It seems that you are doing any unique trick. In addition, The contents are masterpiece. you’ve performed a wonderful job on this matter!

  253. Hello! I just would like to give a huge thumbs up for the great info you have here on this post. I will be coming back to your blog for more soon.

  254. I really like your writing style, good info, thank you for putting up :D. “Kennedy cooked the soup that Johnson had to eat.” by Konrad Adenauer.

  255. Can I just say what a reduction to find somebody who truly is aware of what theyre speaking about on the internet. You positively know tips on how to bring a problem to light and make it important. More people must read this and perceive this aspect of the story. I cant imagine youre no more fashionable since you positively have the gift.

  259. Thanks for sharing excellent informations. Your web-site is very cool. I’m impressed by the details that you have on this blog. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found simply the information I already searched all over the place and just could not come across. What an ideal web site.

  261. In a meeting securo gta Gold fell 0.4 percent. But it is still up 7.2 percentfor the month, snapping a three-month losing run and marking itsbiggest monthly rise since January 2012, though it is down 21percent since the beginning of 2013.

  270. We are searching for some people that might be interested in from working their home on a full-time basis. If you want to earn $100 a day, and you don’t mind developing some short opinions up, this might be perfect opportunity for you!

  271. We are searching for some people that might be interested in from working their home on a full-time basis. If you want to earn $500 a day, and you don’t mind developing some short opinions up, this might be perfect opportunity for you!

  272. of course like your web site however you need to check the spelling on several of your posts. Many of them are rife with spelling problems and I in finding it very bothersome to tell the truth then again I¦ll surely come again again.

  273. Pixel Prometheus have built websites for businesses across Gloucester with added services like SEO, photography, and videography.I look forward to collaborating with you to create a website that not only reflects your brand with clarity and professionalism but also gives you a fighting chance to succeed in a competitive digital space. http://www.pixelprometheus.co.uk

  275. Профессиональный сервисный центр по ремонту бытовой техники с выездом на дом.
    Мы предлагаем:сервис центры бытовой техники москва
    Наши мастера оперативно устранят неисправности вашего устройства в сервисе или с выездом на дом!

  278. I’ve been surfing online greater than 3 hours lately, yet I never discovered any attention-grabbing article like yours. It’s pretty value sufficient for me. In my opinion, if all webmasters and bloggers made excellent content material as you did, the net shall be much more helpful than ever before.

  279. Hello, І enjⲟy reading all of your article. I wanted to write alittⅼe ccomment to support you.My blog post pkv pomer –onlinejournals.uofk.edu,

  281. Great V I should certainly pronounce, impressed with your site. I had no trouble navigating through all the tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your client to communicate. Nice task..

  282. After study a few of the blog posts on your website now, and I truly like your way of blogging. I bookmarked it to my bookmark website list and will be checking back soon. Pls check out my web site as well and let me know what you think.

  284. I was suggested this website through my cousin. I’m now not certain whether this submit is written by him as nobody else realize such certain about my problem. You are incredible! Thank you!

  285. I’ve been surfing online more than three hours nowadays, yet I by no means discovered any fascinating article like yours. It is lovely price enough for me. In my opinion, if all web owners and bloggers made excellent content material as you did, the internet might be much more useful than ever before. “No nation was ever ruined by trade.” by Benjamin Franklin.

  286. I enjoy what you guys are up too. Such clever work and exposure!Keep up the excellent works guys I’ve added you guys to my own blogroll.

  288. Nice read, I just passed this onto a colleague who was doing some research on that. And he just bought me lunch since I found it for him smile Therefore let me rephrase that: Thanks for lunch!

  289. I like this web blog very much, Its a really nice place to read and find information. “Anyone can stop a man’s life, but no one his death a thousand doors open on to it. – Phoenissae” by Lucius Annaeus Seneca.

  291. A large percentage of of whatever you say happens to be supprisingly accurate and it makes me wonder the reason why I hadn’t looked at this in this light previously. This particular piece really did turn the light on for me as far as this particular subject goes. But there is one point I am not too comfy with and while I make an effort to reconcile that with the actual central idea of the point, let me observe exactly what all the rest of your subscribers have to point out.Well done.

  292. You could certainly see your expertise in the work you write. The world hopes for more passionate writers such as you who are not afraid to mention how they believe. Always go after your heart.

  293. Предлагаем услуги профессиональных инженеров офицальной мастерской.
    Еслли вы искали ремонт холодильников gorenje, можете посмотреть на сайте: срочный ремонт холодильников gorenje
    Наши мастера оперативно устранят неисправности вашего устройства в сервисе или с выездом на дом!

  294. certainly like your web site however you have to take a look at the spelling on several of your posts. A number of them are rife with spelling issues and I find it very troublesome to tell the truth nevertheless I?¦ll definitely come back again.

  297. Профессиональный сервисный центр по ремонту техники в Твери.
    Мы предлагаем: Ремонт посудомоечных машин Kaiser с гарантией
    Наши мастера оперативно устранят неисправности вашего устройства в сервисе или с выездом на дом!

  298. Thanks a lot for sharing this with all of us you really know what you’re talking about! Bookmarked. Kindly also visit my web site =). We could have a link exchange agreement between us!

  299. you’re truly a just right webmaster. The web site loading pace is incredible. It seems that you’re doing any distinctive trick. Furthermore, The contents are masterpiece. you’ve done a magnificent job on this topic!

  300. I do believe all of the ideas you’ve introduced for your post.They’re very convincing and can certainly work.Nonetheless, the posts are very brief for newbies.Could you please prolong them a little from subsequent time?Thanks for the post.

  301. F*ckin’ amazing issues here. I’m very happy to look your post. Thank you so much and i’m having a look ahead to touch you. Will you kindly drop me a mail?

  303. excellent put up, very informative. I’m wondering why the other specialists of this sector don’t realize this. You must proceed your writing. I am sure, you’ve a huge readers’ base already!

  304. I’m truly enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often. Did you hire out a designer to create your theme? Exceptional work!

  305. A formidable share, I just given this onto a colleague who was doing slightly evaluation on this. And he actually bought me breakfast because I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to discuss this, I feel strongly about it and love reading more on this topic. If potential, as you develop into experience, would you thoughts updating your blog with extra particulars? It’s highly helpful for me. Massive thumb up for this weblog put up!

  308. This blog is definitely rather handy since I’m at the moment creating an internet floral website – although I am only starting out therefore it’s really fairly small, nothing like this site. Can link to a few of the posts here as they are quite. Thanks much. Zoey Olsen

  309. I must show appreciation to the writer just for bailing me out of such a issue. Because of surfing around through the world-wide-web and meeting opinions which are not pleasant, I assumed my life was gone. Existing without the presence of solutions to the problems you have solved by way of your entire site is a serious case, and those that would have negatively affected my career if I hadn’t encountered your website. Your talents and kindness in maneuvering the whole lot was precious. I am not sure what I would’ve done if I hadn’t encountered such a stuff like this. I can also at this time look forward to my future. Thank you so much for this high quality and result oriented help. I will not be reluctant to refer the website to any individual who wants and needs tips on this subject.

  310. Excellent post. I was checking continuously this blog and I am impressed! Extremely helpful info specially the last part 🙂 I care for such info a lot. I was looking for this certain information for a long time. Thank you and good luck.

  312. I’ve been browsing on-line greater than three hours these days, but I never discovered any attention-grabbing article like yours. It is lovely worth sufficient for me. Personally, if all site owners and bloggers made just right content as you probably did, the net shall be a lot more helpful than ever before.

  313. My spouse and I absolutely love your blog and find almost all of your post’s to be exactly what I’m looking for. can you offer guest writers to write content available for you? I wouldn’t mind composing a post or elaborating on many of the subjects you write regarding here. Again, awesome website!

  314. Предлагаем услуги профессиональных инженеров офицальной мастерской.
    Еслли вы искали ремонт холодильников gorenje цены, можете посмотреть на сайте: ремонт холодильников gorenje в москве
    Наши мастера оперативно устранят неисправности вашего устройства в сервисе или с выездом на дом!

  315. Предлагаем услуги профессиональных инженеров офицальной мастерской.
    Еслли вы искали ремонт кофемашин philips рядом, можете посмотреть на сайте: ремонт кофемашин philips сервис
    Наши мастера оперативно устранят неисправности вашего устройства в сервисе или с выездом на дом!

  317. When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get three emails with the same comment. Is there any way you can remove me from that service? Cheers!

  321. I genuinely enjoy studying on this website, it holds excellent blog posts. “Beware lest in your anxiety to avoid war you obtain a master.” by Demosthenes.

  322. I don’t think the title of your article matches the content lol. Just kidding, mainly because I had some doubts after reading the article.

  323. It’s appropriate time to make some plans for the future and it is time to be happy. I’ve read this post and if I could I desire to suggest you some interesting things or advice. Perhaps you could write next articles referring to this article. I want to read more things about it!

  324. I have learn a few excellent stuff here. Certainly price bookmarking for revisiting. I surprise how so much effort you put to create this type of excellent informative website.

  326. whoah this blog is excellent i love reading your posts. Keep up the great work! You know, many people are looking around for this information, you could help them greatly.

  327. I’m impressed, I need to say. Really hardly ever do I encounter a blog that’s each educative and entertaining, and let me tell you, you will have hit the nail on the head. Your thought is excellent; the problem is something that not sufficient people are speaking intelligently about. I’m very blissful that I stumbled across this in my search for one thing relating to this.

  328. Hello this is somewhat of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding skills so I wanted to get advice from someone with experience. Any help would be greatly appreciated!

  331. What i do not realize is actually how you are not really much more well-liked than you might be right now. You are so intelligent. You realize thus significantly relating to this subject, produced me personally consider it from numerous varied angles. Its like women and men aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs excellent. Always maintain it up!

  332. Howdy very cool site!! Man .. Excellent .. Amazing .. I will bookmark your web site and take the feeds also…I’m glad to find a lot of helpful info here in the submit, we need work out more strategies on this regard, thank you for sharing.

  336. Hi, just required you to know I he added your site to my Google bookmarks due to your layout. But seriously, I believe your internet site has 1 in the freshest theme I??ve came across. It extremely helps make reading your blog significantly easier.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

LawNews.co.uk provides the latest legal news and analysis from around the world

most viewed

useful links

Copyright © 2022 LawNews.co.uk