The Shropshire Council planning decision that's putting a block on Wimbledon expansion plans - here's how

The Government has been urged in Westminster to “get a grip” and tackle a “legal shadow” created by precedent set in a court over a Shropshire Council planning decision, which has stalled plans to almost triple the size of the London tennis site.

The plea was made in Parliament by former Whitehall chief Lord O’Donnell, who sits on the board of the All England Lawn Tennis Club, which hosts the world-famous grand slam tournament.

He has pressed for a change in the planning law following a landmark Supreme Court judgment for the protection of green spaces in 2023 that was sparked by a decision by Shropshire Council.

In the case of Day v Shropshire Council, the UK Supreme Court ruled that public rights over a piece of land, protected by a statutory trust, were not extinguished by a sale to a developer. 

The 2023 case found that Shrewsbury Town Council sold parcel of land "Greenfields" to CSE Developments in October 2017, but the land was subject to a statutory trust for the benefit of the residents of the area. In selling the site, Shrewsbury Town Council failed to comply with statutory requirements to advertise of the land for two consecutive weeks in a local newspaper and the subsequent consideration of any objections.

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The court ruled a statutory trust protecting land for public recreation remained in force when sold by a local authority unless a legally required consultation was undertaken and rescinded the subsequent planning permission for the site granted by Shropshire Council.

Lord O’Donnell said the decision in the case of Day v Shropshire Council had now created uncertainty over development sites across the country, including Wimbledon, and stressed the need for “legal clarity”.

He backed an amendment to the Planning and Infrastructure Bill, currently going through the House of Lords, which would release subsequent purchasers of former public land from the statutory trust provision.

However, while the Government acknowledged there were issues to be resolved, it said it would seek to deal with them in future legislation.

The planned expansion of Wimbledon has been at the centre of an ongoing legal wrangle.

The proposals, submitted by the All England Club, would see the construction of 38 new tennis courts and an 8,000-seat stadium on the grounds of the former Wimbledon Park Golf Club, allowing it to host Wimbledon qualifiers on-site.

'This is an important thing to get across'

Referring to the Supreme Court decision, Lord O’Donnell, who declared his relevant interest, said: “In essence, that judgment created a new and retrospective uncertainty over land ownership, affecting potentially innumerable development sites across the country.

“This is the important thing to get across. This is important for the economic growth of the country. The Wimbledon example is an important one, but it is only one among a number. The minister is very aware of the long list of projects – because I sent it to her – that are now held back by this legal shadow.”

He added: “The Day judgment has created significant delay and uncertainty for Wimbledon’s ability to transform the land that has, for more than a century, been a private members’ golf club.”

Stressing the importance of the proposed expansion, the independent crossbencher told the upper chamber: “Wimbledon is a jewel in the crown of British sport. The other grand slams are investing heavily in their facilities and the fan experience.

“For Wimbledon to maintain its place at the pinnacle of world tennis, it must be allowed to evolve as they are. This expansion is crucial to that future. It is not only about elite sport, it is also about national wellbeing.”

He went on: “Can we please get a grip, get on with it and solve this problem, which will enhance national wellbeing, improve the environment and stimulate economic growth?”

Highlighting the implications of the Day ruling, leading planning lawyer and Tory peer Lord Banner said: “A historic failure to comply with the advertising requirements means that the statutory trust continues to exist, and therefore continues to frustrate the beneficial repurposing or redevelopment of the land in question.”

'This is holding up developments across the country'

Lord Banner added: “This is holding up many developments across the country that already have planning permission.

“One high-profile example – although I stress it is only one of many – is the current proposal to expand the All England Lawn Tennis Club’s internationally renowned facilities at Wimbledon to include an adjacent former private golf club site, the planning permission for which was recently upheld by the High Court.”

He said his amendment would ensure “bona fide purchasers of former open-space land and their successes in title are free from the burden of a statutory trust”.

But raising her concern, Labour peer and former Environment Agency boss Baroness Young of Old Scone said: “This amendment has caused substantial concern that it erodes the protection of green space and removes long-standing public rights to green spaces, where the land is sold by local authority, with or without consultation.”

Liberal Democrat Baroness Pinnock said: “You need to take people with you on these big issues.

“As far as I can see, that has been the utter failure of what is happening, particularly in the Wimbledon Park issue.”

Communities minister Baroness Taylor of Stevenage said in the face of “the fragmentary and complex nature” of existing safeguards for public recreational space, a review would be carried out “so that communities, local authorities and developers can have clarity about when and how land is protected”.

She added: “The Government recognise that the issues relating to statutory trusts need to be resolved.

“As a result, we are committed to working at pace to find a solution that works for developers and councils, while safeguarding the local spaces that are most valued by communities. We will seek to resolve this issue in future legislation.”

Lord Banner’s amendment to the Bill, which was backed by Lord O’Donnell, was not pressed to a vote.

You can find out more about planning applications and planned roadworks where you live. Visit publicnoticeportal.uk.