Upcoming music festivals set for a south London park will have to be cancelled, lawyers for a campaigner have said after she won a High Court challenge over its use.
Brockwell Park, near Herne Hill, hosts a series of events called Brockwell Live, attracting hundreds of thousands of people to six festivals including Mighty Hoopla. Artists including Kesha and former Little Mix singer Jade Thirlwall are due to perform this year from May 23.
Rebekah Shaman, who lives in the area and is a member of the Protect Brockwell Park group, successfully brought legal action against Lambeth Council over a planning law which only allows a change in use of a park for 28 days each year without additional planning consent.
Ruling in her favour on Friday, Mr Justice Mould found parts of the park would be used as event space for more than 28 days and that the decision to grant the certificate was ‘irrational’.
Lawyers representing her and the Protect Brockwell Park group have now written to the council, asking it to ‘confirm that the event has been cancelled’ and to clear any fencing or infrastructure.
The draft letter from Goodenough Ring solicitors said that Brockwell Live does not have planning permission and cannot benefit from permitted development rights, and that a planning application could not be decided for at least three weeks.
‘It follows that not only do the Brockwell Live events not have planning permission, but permission cannot be obtained until after they are concluded,’ it said.
The letter continued: ‘As there is no planning permission for the Brockwell Live event, the event has to be cancelled.’
Goodenough Ring have asked for a response by 10am on May 19.
A Lambeth Council spokesperson said: ‘We are currently assessing the impact of this judgement and determining next steps.’
The High Court’s decision was welcomed by Protect Brockwell Park campaigners, as well as Dunkirk actor Sir Mark Rylance.
He said in a statement issued by the campaign group: ‘Wonderful news. Brockwell park will be open to all for free again this summer. No walls. No trucks.
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‘The grass, and trees, and plants will have a chance to recover from the years of abuse.
‘Now let’s help revive the beloved Lambeth country fair as it used to be, open to all. Congratulations to all who worked so devotedly to achieve this decision.
‘Every small victory for nature makes a difference.’
Ms Shaman said after the decision: ‘We are not opposed to well-managed, appropriately scaled community events.
‘But what’s happening in Brockwell Park is neither appropriate nor sustainable. We reject the assumption that this beloved public green space is a suitable venue for massive and damaging festivals.’
Mr Justice Mould said his decision was only about ‘the lawfulness of the decision to grant the certificate’, after previously telling lawyers that ‘what is happening on the ground’ would be a question for Lambeth Council as the planning authority to decide.
Lawyers for Lambeth Council and festival organisers Summer Events Limited both asked Mr Justice Mould for the go-ahead to challenge his decision, but the judge refused.
The council and organisers are still able to ask the Court of Appeal for permission to challenge the decision directly.
Richard Harwood KC, for Ms Shaman, previously said in written submissions that Brockwell Park has ‘increasingly’ been used for large commercial events, with ‘substantial’ parts of the park being fenced off from the public during the events and damage caused to the ground.
‘Due to inclement weather over the weekend of one of the commercial events, the park effectively became a mud bath,’ Mr Harwood added, referencing one of the 2024 events.
Matthew Reed KC, for Lambeth Council, said in written submissions that the ‘majority’ of the park remains unfenced and available for the public to use during the events.
He also said that the council was able to lawfully decide ‘proposed use within the period identified by it was lawful because either it would be required to cease within 28 days, or it would be permitted by a planning permission’.
However, Mr Justice Mould found in his ruling: ‘The planning officer erred in taking into account the mere prospect of planning permission being granted.’
As well as Mighty Hoopla, Brockwell Live features events including family orientated Brockwell Bounce and alternative music festival Wide Awake.
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