Mr Justice Saini declined to overturn the GLA’s planning decision regarding the development of Wimbledon Park by the All England Lawn Tennis Club (AELTC).
The judgment was delivered swiftly, within two weeks of the hearing, reflecting the urgency of the AELTC’s requirements. The court’s role was to assess the lawfulness of the decision-making process, not the merits of the application.
The Judge dismissed all three grounds of challenge. Firstly, he was not convinced that the GLA failed to consider the implications of the statutory public recreation trust and restrictive covenants, which prevent development. He noted that deliverability is not usually a material factor in granting planning permission, despite the AELTC’s emphasis on urgency.
Secondly, the Judge disagreed that the GLA failed to recognise the creation of golf course features as “deliberate damage” to a heritage asset. He concluded that such works were consistent with golf course use and did not constitute deliberate damage.
Lastly, the Judge found that the creation of a private sports complex did not violate national planning policy regarding public sports and recreation facilities. He agreed with the GLA that commercial private sports facilities were not excluded by policy.
The judgment may set a precedent for developing protected green belt areas. Despite some public outrage, the AELTC has not engaged constructively with campaigners. The dispute is ongoing, with potential appeals and separate proceedings regarding the statutory public recreation trust. The restrictive covenants remain, preventing development unless released by Merton Council, which has not stated its enforcement position.
© London West (powered by ukpropertyforums.com).
Sign up to receive our weekly free journal, The Forum here.
