Statutory trusts, planning law and open spaces: <i>R (on the application of Day) v Shropshire Council</i>

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.