Brockwell Park festivals could be cancelled after High Court case ruling

Festivals at Brockwell Park could be cancelled this summer after a campaign group claimed victory against Lambeth council at the High Court.

On Friday the High Court ruled in favour of the Protect Brockwell Park (PBP) group, finding that the local authority acted unlawfully by allowing commercial events in the park without planning permission.

Lucy Akrill, co-founder of PBP said: “This is a victory not just for Brockwell Park, but for communities everywhere fighting to preserve their green spaces.”

The Brixton park hosts a series of events each summer called Brockwell Live, attracting hundreds of thousands of people to six festivals.

PBP complained about the green space being fenced off as well as noise and environmental damage. Issues they highlight include HGVs driving across the grass, compacting soil and disrupting wildlife as well as polluting generators running around the clock.

Rebekah Shaman, who lives in the area and is a member of PBP, brought legal action against Lambeth council after the local authority granted a series of events with a certificate of lawful development in March.

This meant that commercial events could take place in Brockwell Park without planning permission.

But, High Court judge Mr Justice Mould ruled in Ms Shaman’s favour on Friday, finding that the decision to grant the certificate was “irrational”.

Under permitted development rules, a temporary change of use is allowed for a total of 28 days each year, but the Brockwell Park festivals run over 37 days and are due to begin this Friday.

The ruling could affect events including Wide Awake, Mighty Hoopla, Field Day and City Splash.

Ms Shaman said: “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.”

The campaign has sparked a fierce debate about public spaces and the importance of cultural events in recent months.

In the lead up to the court case, Lambeth council said the area used for events had been independently assessed as being of “low ecological sensitivity grassland” and that “no ecological damage” was caused as a result.

Another group called SayYesLambeth issued an open letter in support of the council, warning that Lambeth could become “sterile, unaffordable, and soulless” if a legal challenge was successful.

The festivals have donated more than £150,000 to Lambeth organisations to date through their community fund, and have paid £317,000 to help upkeep the park over the past five years, a spokesman said.

Mould refused initial applications for permission to appeal from Lambeth council although they can ask the court of appeal for permission to challenge the decision directly.

A Lambeth council spokesperson said: “We are currently assessing the impact of this judgment and determining next steps.”

Pictured top: Members of protect Brockwell Park outside Lambeth town hall (Picture: Protect Brockwell Park)