Save Wimbledon Park – new AELTC announcement
Save Wimbledon Park – new AELTC announcement
The issue of the ‘statutory trust’ that could protect the land is set to go to court
There has been a major development in the ongoing battle between the AELTC and local residents in Wimbledon Park over the expansion of the Wimbledon Championships.
On Wednesday 11th December the AELTC announced that they would be putting to court the matter of whether a statutory trust affects the former Wimbledon Park Golf Course land, which is integral to the objections against the planned expansion.
The GLA has formally issued planning permission for the application for the development of Wimbledon Park Golf course, but the issue of a statutory trust on the land was raised at planning hearings.
The AELTC said: “The possibility of a statutory trust on the land was raised by the GLA in their officers’ report and the issue was dealt with appropriately by the GLA in granting planning consent. Our position, and that adopted by Merton Council on advice, was and remains that there is not, nor has there ever been, a statutory trust affecting the former Wimbledon Park Golf Course land.
“In the circumstances we recognise that the correct thing to do, at this stage, is to put the matter before the court to establish that there is no trust over the land.
“That is why we have taken the decision to issue a letter before action, in order to begin this court process.”
Save Wimbledon Park reacted to this announcement saying: “We have been pointing out for a considerable time that the statutory public recreation trust on which the AELTC hold the heritage golf course is a fundamental block on the proposed AELTC development.
“We are glad to hear that the AELTC now recognise this point and note that they wish to take this to litigation, rather than engage in any discussion.”
Merton Council had approved the plans but the proposal was referred to the GLA after Wandsworth Council rejected them.
In a more detailed statement released by Save Wimbledon Park, they have cited numerous reasons as to why they consider the GLA’s decision “wrong in law.”
They said it “failed to take into account the implications of the statutory Public Recreation Trust and the restrictive covenants, both of which prevent the proposed developments.”
They also said that the ruling had not acknowledged that the heritage of the golf course is environmentally protected as an “irreplaceable habitat” amongst other points.
Save Wimbledon Park have instructed Russell-Cooke solicitors to challenge the validity of the GLA’s decision via a Judicial Review.
On the issue of the1993 restrictive covenants, SWP added: “Although the covenants have been dismissed by AELTC and Merton Council as “not a planning issue”, our objection raises independent legal rights and issues which we can also pursue, regarding both the statutory public recreation trust and the restrictive covenants.”
The AELTC argues that the Wimbledon Championships have fallen behind other grand slams in terms of practise facilities and qualifying courts.
In its expansion plans it wants to build an 8,000 seat show court on the grounds of the old golf club, and to use 38 courts for qualifying and practise.
The Wimbledon Championships will almost triple in size from 41 to 115 acres.
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