Merton council has issued a clarifying statement in response to recent press comments from AELTC:

“When AELTC’s planning application came before Merton’s planning committee for consideration, the Council’s KCs advised that there was no statutory trust affecting the land. When the GLA granted planning permission for AELTC’s development at Wimbledon Park it obtained an opinion from a different KC. That KC advised on balance that the land is subject to a statutory trust.

“Whether there is a statutory trust over this land is a matter for the courts to determine. AELTC has informed the Council that it intends to bring court proceedings to determine whether the public enjoy rights of recreation over AELTC’s land. Merton Council does not anticipate being a party to that litigation. It has no comment to make about that litigation.

“The question of whether the land is subject to a statutory trust is distinct and separate from the covenants which were contained in the 1993 transfer of the land to AELTC. As the Council has repeatedly made clear, it intends that those covenants are respected.”