Councils considering their positions after landmark Supreme Court ruling

Supreme Court judges issued a unanimous ruling yesterday (Wednesday) which quashed planning permission that had been granted by Shropshire Council to build 15 homes on land at Greenfields.

The land had been erroneously sold to the developer by Shrewsbury Town Council which is under pressure to get the land back into public ownership.

A town council spokesman said: "Although the Supreme Court’s judgement concerns an appeal against Shropshire Council, Shrewsbury Town Council is referred to in their decision.

"We welcome the clarification provided on a number of matters which have been subject to legal deliberations over the last four years. This clarification would not have been possible without the strenuous efforts of the Greenfields Community Group and no doubt the judgement will have national significance."

The council adds that it accepts its error in not advertising its intention of selling the portion of recreation space at Greenfields which we had identified as surplus to needs in 2010.

"Having commissioned the Redfern Report we have already apologised for that mistake and agreed to seek to return the land to public ownership. We have also adopted a much more rigorous policy to ensure that our mistake cannot occur again," the spokesman adds.

"We remain committed to providing open spaces to support the health and well-being of residents as evidenced by our recent purchase of two large areas of land at Frankwell and Weir Hill and the creation of a beaver re-introduction scheme at the Old River Bed nearby to Greenfields Recreation Ground.

"However, we must now take some time to more fully understand the ruling and its implications. We will also seek to meet with Shropshire Council, the developer and, of course the Greenfields Community, whilst looking at ways of engaging with the wider Shrewsbury community to ascertain their views."

Shropshire Council said it "will study the judgment carefully" after the Supreme Court came to a "different view" to earlier decisions by the Court of Appeal and High Court.

A spokesman said: "In light of the judgment handed down by the Supreme Court, Shropshire Council notes that following very detailed consideration of the relative legislative provisions, the Supreme Court has reached a different view to the Court of Appeal and High Court decision, and accordingly has quashed the planning permission which was granted by Shropshire Council in 2018 for 15 dwellings on land off Greenfields recreation ground, Falstaff Street, Shrewsbury.

“We will study the judgement carefully, in particular what this now means for the planning application which becomes undetermined when the quashing order is made.”

Leading campaigner Dr Peter Day said the judgment served as a warning to local authorities and a victory for community groups.

He said: “The people of Shrewsbury should have been properly consulted about the selling off of land that had been given to us to use for recreation in 1926.

"Simply to say that because neither the council nor the developer knew about the statutory trust is not a good enough reason to be able to sell the land from under us and then to allow plans for development to continue. Thankfully the Supreme Court agreed with us on that.

“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.”

Leigh Day solicitor Stephanie Hill, who represented Dr Day, said: “This judgment recognises how important it is for local authorities to consider the recreation rights of local communities when considering the sale or development of land and will be hugely significant for our client and other local community groups who wish to protect their right to open spaces.”

The appeal to the Supreme Court was supported by the Good Law Project which helped to crowdfund to help with legal costs.