London festivals to go ahead despite High Court ruling

Organisers of upcoming festivals in south London’s Brockwell Park have said its festival series will proceed as planned despite a High Court ruling that found the events did not have proper planning permission.

Brockwell Live’s festival series is scheduled to take place from 23 May to 8 June. Expected to welcome hundreds of thousands of attendees, it consists of day festivals Wide Awake, Field Day, City Splash and Cross the Tracks, the two-day Mighty Hoopla festival, Lambeth Country Show and Brockwell Bounce, London’s biggest free festival for children.

Legal action was lodged against the festival series by local campaign group Protect Brockwell Park (PBP), which contested Lambeth Council’s decision to certify use of the land.

Under permitted development laws that govern temporary events, planning permission is not required for a change of land use that lasts no more than 28 days a year.

PBP argued that the section of Brockwell Park used for the festivals would be out of action for 37 days in total, when taking into account days between the events and the build time.

Last Friday, a High Court ruled that the group’s understanding of the law was correct and found Lambeth Council had permitted the events without following proper planning permission processes.

Following the ruling, PBP’s legal representatives said the events should now be cancelled. “The site now has to be made immediately available to the public and cleared of the fencing and infrastructure,” the solicitors argued.

‘No cancellations’

Brockwell Live, which produces the festivals, responded on Friday by saying all planned events are going ahead. 

A statement on its website says the High Court ruling “dealt with a particular point of law and whether an administrative process had been carried out correctly”. 

“We wish to make it clear that no event will be cancelled as a result of the High Court’s decision,” the organiser’s statement added. “We take our stewardship of Brockwell Park seriously. As we prepare to deliver these much-loved, culturally significant events, we remain fully committed to its care, upkeep and long-term wellbeing.”

On Monday, Lambeth Council shared that Summer Events Limited, which is responsible for managing the Lambeth Country Show while using Brockwell Live’s infrastructure, had applied to the council for a new certificate of lawfulness covering 24 days.

A spokesperson said the council is urgently considering that application, adding that the consideration does not stop the events from proceeding.

“The judge’s decision on Friday quashed the certificate in relation to Brockwell Live events. The certificate confirmed that statutory permitted development rights applied to the proposal,” the council’s statement added. “The council did not grant planning permission, permitted development is planning permission granted by statute.”

Ramifications

An investigation by news outlet London Centric says the legal battle in Brockwell Park is turning into “a London-wide challenge of festivals”.

Major parks across the capital host a number of live music festivals in the summer months, including Wireless in north London’s Finsbury Park and the All Points East and Lido series in east London’s Victoria Park.

According to London Centric’s reporting, local campaign groups in these parks are “very excited about” the Brockwell ruling and are considering whether it sets a legal precedent that could help challenge major gigs in their areas.

PBP’s latest statement, available on its website, says the group is “not anti-festival” and supports “well-run, inclusive events”.

“But these large-scale, high-impact commercial festivals are damaging Brockwell Park’s ecology, heritage and community value,” the statement adds. “The park is being overused and under protected.”

Meanwhile, Lambeth Council has added that the Brockwell Live festival series “creates entertainment, particularly for younger people, [is] strongly backed by our diverse communities” and “also boost local small businesses, particularly in the hard-pressed hospitality sector”.

The council also said that with the events programme ending in early June, the entire park will be available during school holidays.