The All England Tennis Club clears the legal hurdle on its planned development of the former golf club adjacent to the courts.
The case involves the development of a golf club on land previously held by Wimbledon Corporation or LB Merton.
The primary issue was whether the land was ever intended for public recreation, which would impose a statutory trust under the Public Health Act 1875 (PHA 1875) and Local Government Act 1972 (LGA 1972).
The court found that the land was consistently used as a private golf club and never appropriated for public recreation. Consequently, it was not subject to a statutory trust, allowing the 1986 Lease and 1993 freehold transfer to occur without public rights or overriding interests under the Land Registration Act 1925 (LRA 1925). The ruling confirmed that the land could be sold without imposing a public trust, as it was never designated for public enjoyment.
This decision provided the Claimant with a clean title, free from statutory trust obligations.
The Honourable Mr Justice Thompsell stated, “I have found that land that had never been appropriated or designated for the purposes of public enjoyment could be sold without imposing upon the purchaser a public trust where one had never before existed.”
The outcome is deemed reasonable, as it respects the land’s historical use and the absence of public rights. No order for costs was made, reflecting the agreement of the parties to the proceedings. This decision clears the way for the development of the golf club, as the final legal hurdle has been passed.
Wimbledon judicial review held
Advantage AELTC for Wimbledon Park Extension
Break point as Deputy Mayor serves up Wimbledon proposals
© London West (powered by ukpropertyforums.com).
This article and its contents are the intellectual property of UK Property Forums and may not be reproduced, distributed, or used in any form without prior written permission. The views expressed are those of the author(s) and do not constitute legal or professional advice.
