We publish a commentary for most decisions in the courts about open spaces cases. You can find a list of these cases below, together with a link to our commentary or to a report of the case on the website of the British and Irish Legal Information Institute where available.
2023 to date
Greenfields Recreation Ground in Shrewsbury
R (on the application of Day) (Appellant) v Shropshire Council (Respondent)
The supreme court held that, owing to the clear and specific wording in section 123 of the Local Government Act 1972 (as amended) (LGA), the generally applicable provision in section 128(2) LGA cannot be used to override the statutory trust arising in open space held by a local authority. The continuing existence of the statutory trust over the land is an important factor when considering a planning application. This was not considered by the planning authority, and the supreme court concluded that the grant of planning permission must be quashed.