Work

Statutory trusts, planning law and open spaces: R (on the application of Day) v Shropshire Council

Year: 2024

Type: article

Abstract: This case comment argues that the Supreme Court decision in R (on the application of Day) v Shropshire Council [2023] UKSC 8 is significant for two reasons. From a technical standpoint, the judgment rightly preserves the public recreation rights afforded under a statutory trust following an unlawful disposal by a council to a private developer. Not only does this show that statutory trusts bestow subsisting rights, but that public bodies must comply with the statutory schemes imposed upon them. From a public policy standpoint, the ruling also protects local communities’ rights to open spaces and the environment over private development.

Source: Trusts & Trustees

DOI: 10.1093/tandt/ttae090

Author: Lloyd Andrew Brown

Institution: Swansea University

Language: English

Topic: Property Rights and Legal Doctrine

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Sustainable cities and communities

Open Access status: hybrid

Estimated APC paid: $4,269