A bid to challenge several events from taking place in London’s Brockwell Park has been dismissed by a High Court judge following a legal request from a local campaigner.
The south London park is set to host a number of events through the summer including Field Day, Mighty Hoopla and City Splash, which are all taking place under the Brockwell Live banner.
As reported by MyLondon, the resident in question “asked the court in London for the go ahead to bring a legal challenge against Lambeth Council over its decision to use parts of the park for the events due to start on May 23.”
A part of the bid was in relation to the council allowing a temporary change of use for parts of Brockwell Park of up to 32 days to allow the festivals to go ahead. A written submission on behalf of the resident, said the granting of this planning permission was “unlawful” and that in allowing permission, the term “recreation” had been misinterpreted to “include an open-air music festival”.
The submission added that the term ‘recreation’ is “concerned with non-sport activities, such as walking, sitting out and open-air games. It does not include a concert, whether the activities of professional musicians or spectators.”
In response, Mr Justice Jay cited the Oxford English Dictionary definition of recreation being a “pastime which is pursued for the pleasure or interest it provides.” Mr Justice Jay added “it is clear in my view that this musical festival is a cultural activity.“
Sasha White KC, representing Lambeth Council, added that the events were a form of “outdoor recreation” which “encompasses organised cultural and musical events held in a park“.
The bid has now been dismissed.
The latest challenge to events held in Brockwell Park follows a third judicial review from local campaign group Protect Brockwell Park (PBP) against Lambeth Council to allow large-scale major events held at the park. In a statement posted alongside a crowdfunding campaign, PBP said that its latest challenge is “about protecting Brockwell Park by trying to ensure events are run lawfully and in a way that respects and prioritises its landscape, ecology and local community.”
UPDATE: a spokesperson for Brockwell Live said: “The Brockwell Live team welcomes a High Court judge’s decision to refuse Protect Brockwell Park permission to challenge Lambeth Council’s approval of planning permission for Brockwell Live, finding the case unarguable on all grounds.
These live music events are enjoyed by the vast majority of the public and are part of a rich history of live music in the park dating back to 1978, when it hosted the Rock Against Racism concert. Brockwell Live celebrates diversity, music and culture. Yesterday’s decision ensures that this will continue.
Our planning application was robust and unanimously approved by elected councillors. Protect Brockwell Park’s claim challenged our commitment to invest over £250,000 in ecology and biodiversity projects, and questioned the value of initiatives such as the Brockwell Live Community Fund, which has contributed more than £212,000 to local projects to date. The claim also contested the interpretation of “recreation”, however, the Judge clarified that it is “clear… this musical festival is a cultural activity.”
Brockwell Live entered the planning process in good faith at the request of Lambeth Council, despite no legal requirement for us to do so. Despite these efforts, Lambeth Council were forced to defend another legal challenge at significant cost, reflecting a continuation of pressure on live music events in Brockwell Park.
The festival build begins shortly, and we’re excited to welcome everyone through the gates of Field Day, Cross The Tracks, City Splash and Mighty Hoopla.”
