BREAKING: Supreme Court ruling today should help campaigners fighting for protection of green spaces

From Good Law Project

 

The Supreme Court today ruled in favour of a Good Law Project-funded case which will help to protect green spaces from being sold off where there is opposition from local communities. The ruling sets a new precedent for how public green spaces are sold by local authorities in the future. 

Greenfields Community Group, led by campaigner Dr Peter Day, in Shropshire, has been fighting for almost six years over the land, arguing that Shrewsbury Town Council should have consulted residents before selling off the green space.  

Last June, Shrewsbury Town Council apologised "unreservedly" over the sale of part of Greenfields Recreation Ground and promised to buy the land back. The council was instructed by its lawyers not to buy it back until the Supreme Court judgment.

The campaigners will now hold the council to account over its pledge so that the local community can once again use the space for recreation.

In handing down the ruling, Lady Justice Rose said:

It is our view that [Shrewsbury TC] must put robust procedures in place to ensure that an oversight such as this is not permitted to recur. Where there should be any future sale of land [Shrewsbury TC] must be able to demonstrate that [it] has taken sufficient steps to establish the legal status of that land and act in accordance with all relevant legislation prior to sale. [Shrewsbury TC] should consider whether it has the legal power to proceed with any future disposals and, for the sake of good governance, should formally document the powers on which it has relied when making any such decisions.

Legal Manager of Good Law Project, Ian Browne, said:

We are delighted with today’s Supreme Court ruling which will set a precedent to help safeguard green spaces across the country from being sold off and the rights of communities to enjoy them for generations to come.

Shrewsbury Town Council failed to consult the local community about the selling off of the land and it has led to a protracted legal battle which should not have been necessary in the first place.
 

We are thrilled to have backed the tenacious efforts of Greenfields Community Group and Dr Peter Day to secure this landmark judgment, which means that Shrewsbury Town Council will now have to meet very strict criteria before they are able to sell off any green spaces in future.

Supreme Court rules UK failing to protect people from air pollution

The Supreme Court has declared that the UK Government is failing to protect people from dangerous levels of air pollution. This decision paves the way for the European Commission to take legal action against the UK.

Air pollution causes 4,000 early deaths each year in London alone and poses a particular danger to children and those with existing health conditions.

The court case, brought by environmental lawyers at Client Earth, concerns 16 cities and regions which government plans show will suffer from illegal levels of nitrogen dioxide, a toxic gas - until as late as 2020 or 2025.

The Supreme Court confirmed that because the Government is in breach of the EU Air Quality Directive “the way is open to immediate enforcement action at national or European level”. However, before deciding whether to take further action to enforce the law, it has referred a number of legal questions to the Court of Justice of the European Union.

 Jean Lambert, Green Party Member of the European Parliament  for London and an honorary founder member of Clean Air London said:

This ruling confirms what many of us have been saying for a long time:The UK Government must do more to protect the population from harmful levels of air pollution.

For too long we’ve seen action on air pollution happening at a snail’space. The government must take heed of this ruling and get to work on drastically reducing the levels of pollution in our towns and cities.

James Thornton, ClientEarth CEO, said 

This historic ruling marks a turning point in the fight for clean air and will pile the pressure on Owen Paterson. Faced with court action on two fronts, he must now come up with an ambitious plan to protect people from carcinogenic diesel fumes. Until now, his only policy has been lobbying in Europe to try and weaken air pollution laws.

The Supreme Court recognised that this case has broader implications for EU environmental law: The Government can’t flout environmental law with impunity. If the Government breaks the law, citizens can demand justice and the courts must act.”

Supreme Court refuses to allow appeal by library campaigners

The Supreme Court today refused library campaigners permission to appeal against the recent High Court decision on their case. The Supreme Court said there was 'no arguable point of law' for an appeal.

LINK to BBC story