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allow any purchaser of land from a local authority to take it free of an existing public recreation trust local authority without going through a statutory consultation procedure remains subject to a statutory trust of the old Wimbledon Park golf course to AELTC in 1993, which we, SWP, say is subject to a statutory trust any such person who acquires land to which this subsection applies shall take such land free of any trusts arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with

The amendment would mean that land subject to a statutory trust[3] for public enjoyment would be freed from that trust if the authority fails to comply with the section 123 procedure—even if the non-compliance

the GLA had failed properly to take into account the implications of the statutory public recreation trust their application, and even where the GLA had been advised by their Leading Counsel that the statutory trust have conceded that their proposed development is incompatible with the statutory public recreation trust The existence or otherwise of the statutory trust is the subject of entirely separate proceedings which

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.

Amendment 248 on 20 March, one day after the High Court ruled against Save Wimbledon Park on the statutory trust

second High Court case, this time over whether the land was protected by a statutory public recreation trust

Empowerment Bill would create a formal process for the Secretary of State to free land from statutory trusts

The campaign argues the former golf course land remains protected by a statutory trust for public recreation

January 2025, challenging the GLA’s approval of the expansion and citing a statutory public recreation trust

“I think at a time when people are losing their trust in democratic institutions, someone has to try

Peter Day , who brought that case on behalf of Greenfields Community Group, relied on a statutory trust campaigners and at least two lawyers believe the case has parallels to the Wimbledon planning battle where a trust It’s not hostility towards tennis, it’s the lack of trust.”

Very Special Circumstances required for the proposals and the failure to take account of the Public Trust