Save Wimbledon Park Ltd Applies for Permission to Appeal to the Court of Appeal Following the High Court Decision in July on the AELTC Wimbledon Park Project + Supporters Bulletin 10

August 22, 2025. SWP has applied for permission to appeal to the Court of Appeal. Mr Justice Saini’s judgment in July (on SWP’s request for Judicial Review of the validity of the planning permission granted by the GLA in September 2024) is by no means the end of SWP’s challenge. A decision is expected within 2 to 4 months, and if permission is granted, the Court of Appeal hearing is expected next year.

SWP’s decision to make this application has not been taken lightly. However, it has been advised that there is a realistic prospect of success on the principal JR ground, the irrationality of the GLA’s decision about the effect of the statutory trust.

Jeremy Hudson, a Director of SWP Ltd said: “Above all, this is a public interest case. Planning is ultimately concerned with whether a development is in the public interest. The existence of rights of the public, imposed through the statutory trust and the restrictive covenants in the public interest, should plainly be very material to the planning decision. Unwanted development of public open spaces is proposed all over London: Wimbledon Park is just one example.”

The GLA’s officers had concluded that the AELTC’s Wimbledon Park Project was not time sensitive. This was despite the Club’s forceful arguments to the contrary about the urgent need for this development, especially that the former golf course is the only available site for the qualifying tournament, which must be moved before their Roehampton lease expires. The Deputy Mayor accepted that astonishing conclusion, which Mr Justice Saini declined to overrule as “irrational”. Many issues flow from that finding, which SWP has asked the Court of Appeal to consider.

The GLA had ignored their own legal advice that the whole of the land was subject to the statutory trust which prevents the development and makes any benefits undeliverable. It is not merely the GLA’s legal advisors and SWP who believe that the statutory trust is a bar to this development. In their parallel proceedings on the statutory trust, the AELTC have stated: “The application of s.164 [the trust] to the Golf Course Land would be incompatible with the [Wimbledon Park] Project”.

In SWP’s grounds for appeal, it also argues that, even if it was rational for the GLA to conclude that the scheme was not time-sensitive, it was in any case irrational to treat the Club’s inability to implement the development as immaterial. SWP says that the Judge’s approach took insufficient account of the statutory trust and the restrictive covenants in the balancing exercise required when assessing how the claimed Very Special Circumstances would justify a development on Metropolitan Open Land.

There is a certain irony in the GLA’s position that the AELTC development was not time sensitive or urgent, in view of the AELTC’s pressure to expedite hearings and proceed quickly with all their litigation. SWP does not resist that, but would very much prefer to save time, and money for everyone, by sitting down and talking about the problems created by this proposed development.

SWP had enough money through its successful JR crowdfunding campaign to pay for this application and for fresh Aarhus protection against liability for adverse costs. If permission is granted it will continue its crowdfunding for this appeal.

Finally, whatever the outcome of these two court cases, the restrictive covenants remain in place. As Mr Justice Saini said in his judgement: “It is not in issue that the Golf Course Land is the subject of restrictive covenants which require it to be kept open and free of built development”. The AELTC scheme cannot proceed unless the covenants are released by Merton Council.

Jeremy Hudson said: “Merton are not at liberty to release the covenants, imposed in the public interest, as they hold the benefit of them for the local community. We are disappointed that Merton remain totally silent about the covenants and we still hope that the AELTC will engage constructively with us, with a view to achieving a resolution of this four-year-old dispute.”

FURTHER QUOTES FROM ACTRESS THELMA RUBY, WRITER ANDY HAMILTON and WHITEWEBBS PARK CAMPAIGNERS

Thelma Ruby said, “It’s wonderful that Save Wimbledon Park are appealing last month's High Court decision. We are a small group committed to fighting this enormous development which plans to desecrate a precious heritage landscape including cutting down about 800 mature, healthy trees. However, people in the rest of London and the whole country must understand this is not just about us. This case is precedential and if it is not stopped will mean that a lot of other MOL parks will be concreted over. Sadiq Khan must stick to the environmental promises he made when campaigning last year just as all politicians and public bodies must adhere to the promises they make."

Writer and SWP advocate Andy Hamilton said, “It’s really a very simple story. A rich private tennis club is looking to make itself even richer by tripling in size, at devastating cost to the local environment and community.”

Caroline Day of Guardians of Whitewebbs said, "The struggle for Wimbledon Park, as for Whitewebbs Park, is of regional and national significance. Here at Whitewebbs, we are also having to resort to legal action to prevent our local - and supposedly protected park- being taken over by Spurs FC for what the Mayor's office acknowledges is inappropriate development. Large and wealthy commercial organisations should not have the right to take over public parks in London, or anywhere else. Essentially, they are being given carte blanche to confiscate and develop public green space, when they have every opportunity to acquire brownfield disused land.

“This isn't a choice between sport and nature. The takeover of parks is a form of 21st century enclosures - and it's about greed not need. Elite sports don't trump our rights to green open space. With CPRE, SWP and others, we are united in our struggle to protect all our parks and green spaces - we must keep them public and green for people and nature - especially during a worsening climate and ecological emergency."

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Please also see our supporters bulletin #10:

2025-08-22 SWP Bulletin no. (10).pdf

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