Bitter dispute over Dundonald Primary expansion could be set for resolution

Merton Council wants to expand Dundonald Primary School by building a two story extension on Dundonald Rec to create 210 extra school places using the footprint of the existing pavilion which would be demolished.

A multi use games area, tennis courts, playground and outdoor gym will also be created but the current bowling green would be lost.

Campigners from Protect Dundonald Rec (PDR) have staunchly opposed the plans citing a 19th century covenant which states the land should remain public to fight their case at a hearing by the Upper Lands Tribunal.

However the group withdrew their objections ahead of the hearing which was due to open on Monday, after discovering the tribunal would only rule on private, not public, interests.

The case will now be decided by a judge without a hearing on the basis of papers presented following an application by Merton Council for the covenant to be amended to allow the expansion.

Lorraine Maries, Chairman of PDR said: "Our main interest is protecting public rights of present and future users of the Recreation Ground.

"These are the people that the Innes brothers intended to benefit when stipulating that the Rec should be a public pleasure ground forever.

"The Council should not try to use legal technicalities to get their own way against the public interest - this is immoral."

She added she hoped the judge would still find in the group's favour and uphold the covenant.

Martin Whelton, cabinet member of education said: "It's been a long running debate and the matter had gone on for the last two years but as cabinet member I can see light at the end of the tunnel and with all things in place we should soon be able to get work under way at Dundonald."

Hope for campaigners also lies with an investigation by the Local Government Ombudsman into Merton Council's handling of the planning process.

A decision on the covenant is expected by the end of this week.