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A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Published on: 14 January 2021
Published by: LexisPSL
  • A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Planning analysis: The Court of Appeal held that a statutory trust of open land ceased to have effect when the land to which it related was sold, even though that sale had been made in contravention of the statutory requirements as to giving notice and was thus unlawful—and where the local authority and purchaser had been unaware that the trust existed. This is likely to be highly relevant to matters involving land (usually owned by local authorities) previously subject to a statutory trust to keep it open to the public for recreation, and where such land is sold to third parties for development. Written by Josef Cannon, barrister, at Cornerstone Barristers. or take a trial to read the full analysis.

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