A campaigner has won a High Court challenge over the planning permission needed for several South London music festivals due to start next week.
Brockwell Park in Lambeth hosts a series of events called Brockwell Live, attracting hundreds of thousands of people to six festivals, including pop event Mighty Hoopla.
Rebekah Shaman, who lives in the area and is a member of the Protect Brockwell Park group, brought legal action against Lambeth Council over the use of parts of the park for the events – due to begin this year on May 23.
At a hearing on Thursday, the High Court in London heard the challenge was over the council’s decision to certify the planned use of the land as lawful – as under permitted development rules, a temporary change of use is allowed for a total of 28 days each calendar year.
In a decision on Friday afternoon, High Court judge Mr Justice Mould ruled in Ms Shaman’s favour, finding 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”.
The judge 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.”
Before the hearing, Protect Brockwell Park said they are “not anti-festival, we support well-run inclusive events” and claim the events cause damage, including to the grassland and trees.
The group said in a statement: “These large-scale, high-impact commercial festivals are damaging Brockwell Park’s ecology, heritage and community value.
“The park is being overused and under-protected.”
