William Eichler 02 March 2023

Court rules against council after land was wrongly sold

Court rules against council after land was wrongly sold image
Image: DifferR/Shutterstock.com.

The Supreme Court has ruled against Shropshire Council after campaigners challenged the local authority’s decision to grant planning permission for a development on a plot of land wrongly sold to developers.

In 2017, Shrewsbury Town Council sold a plot of parkland at Greenfields, Shrewsbury after failing to realise the land was subject to a historic statutory trust.

Shropshire Council subsequently granted planning permission to CSE Development for a development of 15 homes on the land.

This decision was challenged by a local resident in the High Court and Court of Appeal, but was held up in both courts.

The Supreme Court then ruled it was ‘highly likely’ the outcome of the planning application would have been different had the town council carried out the proper investigatory work.

Commenting on the judgement, a spokesperson for Shropshire Council said: ‘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.

‘The terms of the Court Order by the Supreme Court have not been settled yet therefore we cannot comment with regard to costs.

‘In view of the unanimous decision by the Court of Appeal that the planning decision was lawful, the council felt that it had no option but to defend the appeal in the Supreme Court. However, the Supreme Court have come to a different view as they are entitled to do.’

SIGN UP
For your free daily news bulletin
Highways jobs

Assistant Director for Estate Strategy and Development  

Derbyshire County Council
£71,202 - £77,495 per annum
We are seeking an ambitious and strategic leader to join our senior management team as Assistant Director for Estate Strategy & Development. Matlock, Derbyshire
Recuriter: Derbyshire County Council

ESCA Development Assistant

Essex County Council
£25959.0000 - £27613.0000 per annum
ESCA Development AssistantFixed Term, Full Time£25,959 to £27,613 per annumLocation
Recuriter: Essex County Council

Closed Landfill Site Operative

Essex County Council
£25959.00 - £28621.00 per annum
Closed Landfill Site OperativeFixed Term, Full Time£25,959 up to £28,621 per annum Location
Recuriter: Essex County Council

Apprentice Admin Assistant

Durham County Council
£8 per hour
Apprentice Admin Assistant Apprentice £8 per hour. Temporary contract for approx. 18 months Full Time, Term Time Only, Required to start September 202 Durham
Recuriter: Durham County Council

Rights of Way Officer

Durham County Council
£30,024 - £33,699
An exciting and challenging opportunity has arisen within the Council’s Access and Rights of Way Team for the position of Rights of Way Officer.    WH Durham
Recuriter: Durham County Council
Linkedin Banner