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

Registered Building Inspector (Band 2/Grade 7)

Health and Safety Executive
£60,760 - £65,776
The Building Safety Regulator (BSR) is transforming building safety regulation across England. United Kingdom / various Locations
Recuriter: Health and Safety Executive

Revenues and Recovery Team Leader

Ashfield District Council
£37,938 - £40,476 per annum (pay award pending)
We have an exciting opportunity for a Revenues and Recovery Team Leader Sutton-In-Ashfield, Nottinghamshire
Recuriter: Ashfield District Council

Housing Options Officer

Ashfield District Council
£31,067 - £33,366 per annum (pay award pending)
Do you want to make a real difference to the lives of residents in housing need? Sutton-In-Ashfield, Nottinghamshire
Recuriter: Ashfield District Council

Building Services Operative

Ashfield District Council
£25,584 - £27,269 per annum (pay award pending)
The Facilities team are looking to recruit an enthusiastic individual Sutton-In-Ashfield, Nottinghamshire
Recuriter: Ashfield District Council

Street Cleansing Technician (CDC)

City Of Doncaster Council
Grade 5, £24,397 per annum (pay award pending)
Do you enjoy working outside, as part of a team that make a direct difference to the communities of Doncaster? Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council
Linkedin Banner