Wimbledon is going to court in a bid to try and head off a potential threat to its expansion plans.

The All-England Club was granted planning permission by the Greater London Authority in September to build 39 new courts, including an 8,000-seat show court, on the former Wimbledon Park Golf Club across the road from its current site. The plans will nearly triple the size of the venue but have proved controversial, with vociferous opposition from some local residents.

An issue raised at the planning hearing was whether there is a statutory trust for recreational use on the land that would restrict development. The All England Club is adamant there is not but is instigating a court process to resolve the matter once and for all before beginning any works.

A spokesperson for the club said: “Our position, and that adopted by Merton council on advice, was and remains that there is not, nor has there ever been, a statutory trust affecting the former Wimbledon Park Golf Course land. In the circumstances we recognise that the correct thing to do, at this stage, is to put the matter before the court to establish that there is no trust over the land.

“Today we have issued a letter before action in order to begin this court process. We believe that having this matter resolved is an important step that will deliver reassurance to us and to the local community. This marks the next phase of our long-term project that will maintain our position at the pinnacle of tennis and to deliver year-round benefits for local people with 27 acres of newly accessible parkland for everyone to enjoy.”

It is not yet known how long resolving the issue could take, while there is also the possibility of a judicial review on the project.