Merton Council will be able to expand a primary school on a public green space after a tribunal ruled in its favour.

The decision ends a bitter dispute with campaigners from Protect Dundonald Rec (PDR) who have fought the plans at every turn citing a 19th century covenant which states the land should remain public as its defence.

The group had submitted objections to the plan set to be heard at a public hearing on Monday, but were forced to withdraw after discovering the tribunal would only rule on private, not public, interests.

The application to amend the covenant to allow the school expansion was instead heard by a judge on the basis of submitted papers with Merton Council today announcing a decision in their favour.

The build will create 210 extra school places using the footprint of an 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.

Councillor Martin Whelton, cabinet member for education said: "The Upper Tribunal was certainly one of the major hurdles we have had to overcome in the process of expanding the school, but there are still a number of issues to address.

"We will work with school governors to assess how quickly we need to provide the extra spaces for the children.

"We are committed to ensuring Merton’s green spaces are available for everyone to use and to ensure they are here for future generations."

Despite the council confident that the build will go ahead, campaigners have vowed to fight on.

A spokesperson for PDR said: "PDR is disappointed at the recently announced decision by the Upper Tribunal to allow Merton Council's application to remove the Innes covenant on Dundonald Rec.

"The effective loss of the Covenant goes way beyond what the Council needed to achieve

their proposed school expansion, and threatens parks and gardens throughout Merton
which have, until now, enjoyed the legal protection of restrictive covenants.

"However, this judgement has not removed the public's right to Dundonald Rec, which is
held under a Statutory Trust with the public as beneficiaries.

"There remain several legal safeguards which prevent the Council building on this public
open space.

"Planning permission has not yet been obtained due to insurmountable legal problems, and the Council still has to try to appropriate the land, a process which necessitates public consultation and acting on resulting objections.

"In both planning and appropriation procedures the public interest is paramount and cannot be ignored.

"PDR will continue to strongly oppose the Council's plans to remove public open space
and sports facilities, and we remain confident that we will succeed."

It has been suggested that building work could get underway as soon as November.

The council is still under investigation by the Local Government Ombudsman into their handling of the planning process.