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Our first ground concerned the statutory trust, a major protection for all public rights in our urban We have been pointing out for a considerable time that the statutory public recreation trust on which Far from it, this is fundamental to the way in which local authorities all over England hold public trust

GLA decision was wrong in law because it failed to take into account a statutory Public Recreation Trust golf course land to the club in 1993, but campaigners believe the land is still covered by a statutory trust case in Shropshire which saw planning permission for a housing development quashed because a statutory trust by Merton Council on advice, was and remains that there is not, nor has there ever been, a statutory trust that the correct thing to do ... is to put the matter before the court to establish that there is no trust

planning policy, as it failed to 1. take into account the implications of the statutory public recreation trust asking a court to decide whether the former golf course is subject to the statutory public recreation trust The AELTC deny the trust status of the land and say that “having this matter resolved is an important They were told about the restrictive covenants three and a half years ago, and about the statutory trust the question whether the GLA ought to have determined whether our client’s property is subject to a trust

SWP say that the land is protected by a statutory trust, for public recreation, and that the proposed issued the following statement about this second case: “ To resolve the question of whether a statutory trust

Dr Peter Day, also a trustee of CPRE , who took his legal case against Shropshire County Council all

have been aware since early 2023, is the Supreme Court’s unanimous judgment about public recreation trust hearing, the GLA published the legal opinion which confirmed the presence of the public recreation trust The public recreation trust status is fundamental to all publicly owned land and open space used for According to the Supreme Court, that is a major problem: the failure means the trust continues in the The effect of the public recreation trust is that it requires the whole area to be available for public

to challenge the legality of the plan and said: “[The comments made by a senior barrister about the Trust restrictive covenants in which the All England promised not to develop, and the enforcement of the public trust

in law because it failed: to take into account the implications of the statutory Public Recreation Trust independent legal rights and issues which we can also pursue, regarding both the statutory public recreation trust

Clapham Junction Insider | 28 October 2024 | Cyril Richert " On Friday 27 September, Jules Pipe, London’s Deputy Mayor for Planning, decided to overrule Wandsworth Council’s refusal and the vast opposition from the local residents to allow the extension of Wimbledon Tennis Club into the park. The plans, presented by the All England Lawn Tennis Club (AELTC), aim to expand across Church Road to build an 8,000-seat stadium (104 metres wide and 28 metres high), an additional 38 grass courts, 10 other buildings including a 30,000 sq ft maintenance hub, and 9 km of roads and paths at the former location of the Wimbledon Park Golf Course. The Wimbledon Tennis site would almost triple in size. Merton Council approved the application last year after an extended debate where 6 Labour councillors voted in favour while 4 others (including one Labour, the 2 Liberal Democrats and the single Conservative councillor) voted against. The decision was based on the benefits they think it would generate. In the words of Merton’s officers’ reports, the development would be “inappropriate” and cause “physical harm” to the Metropolitan Open Land, but all of that could be outweighed by the “very substantial public benefits” of the proposal. A few weeks later, Wandsworth Planning Committee had to consider the application too, as the land in question straddles the two boroughs. Councillors took the opposite view and refused planning permission, following the recommendation of Wandsworth’s officers who disagreed with their colleagues from Merton." ... read more about Clapham Junction Insider: City Hall approves the controversial Wimbledon Tennis Club expansion, but legal challenges loom

the Supreme Court decision in Day v Shropshire [**see summary below], AELTG hold the golf course on trust has confirmed that, because of a local authority’s failure to comply with the law in a sale of public trust land, the trust continued so that the buyer owns it as trustee for the public. A local authority held land in Shrewsbury as open space under a statutory trust. The purchaser therefore took over the open space on trust for the public.

planning permission was quashed because the Supreme Court concluded that the land was held on statutory trust The golf course land has never been public open land and at no time has it been held under statutory trust Jonathan Karas KC on whether the Wimbledon Park Golf Course is the subject of a statutorily imposed trust

without prior advertisement did not take the land pursuant to section 123(2B) LGA 1972) “free from any trust arising solely by virtue of its being held in trust for enjoyment by the public in accordance with … In the view I take of the matter: (1) Since 31 March 1965 the GCL has been held in trust for enjoyment