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Lambeth council shirked planning law when it approved a series of summer festivals, the High Court in London has ruled, in a decision that could prove to be a setback for the UK capital’s vibrant live music sector.
Judge Tim Mould KC said on Friday that the local authority’s justification for approving weeks-long temporary events in Brockwell Park was “irrational”.
The park near Brixton is one of many of London’s public green spaces to have been used to host an increasing number of large, well-attended music festivals in recent years that boost council coffers.
The judgment handed down on Friday raises questions about the future of the festivals in Brockwell Park — which are set to begin next week — and could pave the way for further legal challenges, as local residents grow frustrated with the impact and scale of the events.
The High Court’s ruling focused on an application made by Brockwell Live, a festival operator now installing barriers for the first in a series of annual festivals, including Wide Awake, Field Day, and Mighty Hoopla.
At least 285,000 people attend the events in Brockwell Park each year.
The case was brought by Rebekah Shaman, a local resident, and supported by advocacy group Protect Brockwell Park, which objected to parts of the park being fenced off to host the festivals, as well as their impact on the local area and damage to the park caused by the programme of events.
Current planning law allows for 28 days a year of commercial activities in a park without additional planning permission.
Mould noted that de-installation of the festivals meant temporary commercial usage of the park was expected to be 37 days this year.
Since “it was clear that the proposed use [of the park] would continue beyond the 28th day . . . the decision to grant certificate was irrational”, he said.
The judgment did not include an injunction against Brockwell Live’s events and Mould stressed that Lambeth council would need to make a new decision on the future of the festivals given the successful legal challenge.
Responding to the ruling, Lucy Akrill, co-founder of Protect Brockwell Park, said: “This is a victory not just for Brockwell Park, but for communities everywhere fighting to preserve their green spaces.”
In a letter to Lambeth seen by the Financial Times, lawyers for the group said “there would be insufficient time for a planning application to be made” for the events to take place from next week.
“It follows that not only do the Brockwell Live events not have planning permission, but permission cannot be obtained until after they are concluded,” the letter added.
Protect Brockwell Park has maintained that it is not opposed to festivals being held in the park and has pointed to their lucrative commercial aspects. Several of the events are owned or part-owned by Superstruct, an events operator backed by private equity group KKR.
Brockwell Live also operates the Lambeth Country Show, a free event that has been held in the park since 1967.
Brockwell Live and Lambeth council did not immediately respond to requests for comment.
