Legal battle over use of park for music festivals reaches High Court

A legal battle over several music festivals due to begin next week in a south London park has reached the High Court.

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, is bringing legal action against Lambeth Council over the use of parts of the park for the events – due to begin this year on May 23.

Protect Brockwell Park have 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.”

Lambeth Council is defending the legal challenge, with festival operators Summer Events Limited also taking part.

At the start of a hearing on Thursday, Richard Harwood KC, for Ms Shaman, said the challenge was over Lambeth Council’s decision to certify the planned use of the land as lawful.

The court was told that under permitted development rules, a temporary change of use is allowed for a total of 28 days each calendar year.

However, Mr Harwood told the hearing in London: “The proposed events use exceeds the 28 days, or whatever of that was available, so none of that proposed use is permitted development. That is at the heart of this case.”

In written submissions, the barrister said in the last few years, 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.

Mr Justice Mould said that if the legal challenge was successful, he could order the quashing of the certificate that said the planned use of the park was lawful.

However, he added that “what is happening on the ground” would be a question for Lambeth Council, rather than him.

The judge said: “It is for the planning authority to decide, pending the outcome of this challenge, what decision it should or should not take.”

Matthew Reed KC, for Lambeth Council, said the case was “unarguable” and should be dismissed.

He said in written submissions that the council correctly decided that the proposed use of the park was lawful, after it concluded that 22 days would be required.

He continued: “The defendant’s position remains that this case raises a simple question with a simple answer…the question is whether the council was able lawfully to conclude that 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.

“The answer to that question is, yes.”

Mr Reed said that the “majority” of the park remains unfenced and available for the public to use during the events.

Ashley Bowes, representing operators Summer Events Limited, also said the legal challenge should be dismissed.

He said in written submissions that the decision maker “formed a rational judgment” over the temporary use of the land, who “was entitled to draw on his expertise as a planning officer in a borough familiar with large-scale events”.

Mr Justice Mould is expected to give his decision on Friday afternoon.