Supreme Court rules 100-year-old statutory trust gives Shrewsbury people rights over public recreation land

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Supreme Court rules 100-year-old statutory trust gives Shrewsbury people rights over public recreation land
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In a landmark judgment, the Supreme Court has ruled in favour of a resident who claimed a statutory trust created in 1926 gives residents rights of recreation over a piece of land even after Shrewsbury Town Council sold it to a developer.

Supreme Court Justices agreed with Dr Peter Day that Shrewsbury people’s rights over the land at Greenfields Recreation Ground were not extinguished by the sale of land and should have been considered by Shropshire Council before they granted planning permission for a housing development. As a result ofThe ruling is of major importance to local authorities and their approach to selling off land that has been protected by means of a statutory trust.

– The public recreation rights over the recreation ground were material considerations that needed to be taken into account when it came to giving planning permission for housing development. Dr Day says he expects Shrewsbury Town Council to be true to its word and restore the land to be a fully functioning part of Greenfields Recreation Ground.“I and the people of Shrewsbury feel completely vindicated by today’s ruling. This saga should never have dragged on for so long and would never have happened if Shrewsbury Town Council had kept proper records of public land and the statutory trust which granted the people of Shrewsbury rights over the land 100 years ago.

“This clarification of the planning law applying to the sale and development of public land is a warning to local authorities and a victory for community groups across the country.”

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