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Statutory trusts, planning law and open spaces: R (on the application of Day) v Shropshire Council
Trusts & Trustees, Volume: 31, Issue: 2, Pages: 68 - 72
Swansea University Author: Lloyd Brown
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© The Author(s) (2024). This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC-BY 4.0).
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DOI (Published version): 10.1093/tandt/ttae090
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...
| Published in: | Trusts & Trustees |
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| ISSN: | 1363-1780 1752-2110 |
| Published: |
Oxford University Press (OUP)
2025
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| Online Access: |
Check full text
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa68138 |
| 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. |
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| College: |
Faculty of Humanities and Social Sciences |
| Funders: |
Swansea University |
| Issue: |
2 |
| Start Page: |
68 |
| End Page: |
72 |