Music festivals in park ‘have to be cancelled’ after court decision, lawyers say

Upcoming music festivals have to be cancelled after a High Court ruling over the use of a south London park to host the events, lawyers for the campaigner who brought the challenge have said.

Brockwell Park in Lambeth hosts a series of events called Brockwell Live, attracting hundreds of thousands of people to six festivals including Mighty Hoopla with artists including Kesha and former Little Mix singer Jade Thirlwall due to perform this year.

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 the use of parts of the park for the festivals – due to begin this year on May 23.

The High Court in London previously 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, 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”.

After the ruling, lawyers representing her and the Protect Brockwell Park group wrote a letter addressed 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,” the letter said.

It 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.

“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.”

Residents near the park said that during summer a metres-high green fence stays up in a large portion of the park.

Children handed out flyers to support the campaign and Herne Hill resident Ammar Tabbakha-Fearon, eight, told the PA news agency “we can’t sleep in the bedroom because it’s too loud” and “it’s very extraordinarily loud”.

Speaking in the park after the result, his mother, graphic designer Summer Tabbakha, told PA: “This is our green space, as you can see it’s fenced-up, we don’t get access to it and it’s just destroyed for the rest of the year, and that’s aside of noise.

“I’ve been to festivals, I like festivals, just not here, just not in a park, not in a residential space as well. The floodlights come through despite the curtains, despite black curtains.”

One of her sons struggles to sleep generally but there is “noise pumping through, that’s with the windows closed in the middle of summer”, she said.

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.