Wimbledon expansion land cannot be built upon, High Court told
Lawyers for SWP told the High Court on Tuesday that Wimbledon Park - a Grade II*-listed heritage site partly designed by Lancelot "Capability" Brown - was covered by restrictions on how it could be used.They have asked a judge to quash the original decision to approve the development and order it to be sent back to the authority for reconsideration.
Sasha White KC, for SWP, told the court that the plans involved a "remarkably large area of land" which was the equivalent of 50 football pitches, which would see Wimbledon's 41 tennis courts increased to 80.He added that it was the All England Club to justify the proposal, and there was a high burden of proof.The plans were first submitted to both Merton and Wandsworth councils - the park straddles the boroughs - in 2021, after the All England Club bought out golf club members with the intention of developing the land.In addition to the courts and associated infrastructure, seven maintenance buildings, access points, and an area of parkland with permissive public access would be included.
The plans also include work on Wimbledon Lake, which would involve building a boardwalk around and across it.When Merton Council approved the plans but Wandsworth Council rejected them, the mayor of London's office took charge.Sir Sadiq Khan then recused himself from the process in 2023, having previously expressed public support for the development.Planning permission was granted last year by the city's deputy mayor for planning, who said the proposal's benefits "clearly outweigh the harm".
In written submissions, Mr White said the All England Club acquired the freehold for the golf course in 1993 and the leasehold in 2021.But he said that the land was subject to a statutory trust requiring it to be kept available for public recreation use and that when the freehold was acquired, the club entered into restrictive covenants governing its use."The covenants maintain the openness of the golf course land; prevent development and restrict its use so as not to impair the appreciation of the general public of the extent or openness of the golf course land."Mr White said separate High Court proceedings were ongoing over whether a statutory trust existed.He said that the GLA "failed properly to consider" the potential implications that the trust and covenants could have on the proposals, an error which undermined its decision and meant it should be quashed.
Mark Westmoreland Smith KC, for the GLA, said the decision was a "planning judgment properly exercised".And Russell Harris KC, for the All England Club, said planning officers acknowledged and had regard to the trust and covenants, but deemed they were not material.He said the GLA could lawfully grant planning permission "even if the development is incompatible with a different, non-planning restriction on the use of the land".Dozens of campaigners attended Tuesday's hearing before Mr Justice Saini, which is due to conclude on Wednesday.A judgment is expected in writing at a later date.
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