High Court quashes decision to approve festival under permitted development rights

The High Court has quashed Lambeth Council’s decision to allow a series of festivals to go ahead under permitted development rights just a week before the first event is set to take place.

Local Government Lawyer reporting on the case said, Brockwell Park is known for hosting festivals during the summer months, attracting thousands of visitors.

Lambeth approved the May events using permitted development rights in March.

A decision notice issued under section 192 of the Town and Country Planning Act 1990 labelled the development as lawful as it fell within the scope of the permitted development rights contained in Schedule 2, Part 4, Class B of the Town and Country Planning (General Permitted Development (England) Order 2015.

However, local campaign group Protect Brockwell Park (PBP) claimed that Lambeth’s decision to grant the application for a certificate of lawfulness was unlawful.

BPB argue that large-scale live events in the park are “unsustainable”, disturb wildlife and compact the soil.

They also complain that the events fence off large areas of the park for weeks at a time.

In a judgement handed down on Friday (16 May), a High Court judge found Lambeth acted unlawfully and irrationally in issuing the planning certificate that the council relied on to approve Brockwell Live.

The judge quashed the certificate in relation to Brockwell Live events. However, the events will still go ahead accoridng to organisers.

In a statement on the decision, a spokesperson for Lambeth Council said: “The temporary change of use of land, including for events such as Brockwell Live, is permitted by legislation for up to 28 days in a calendar year.

“The judge affirmed the existence of these rights in court.

“The new certificate application is for 24 days. Consideration of the application does not stop the events proceeding.”

PBP said that their claim was brought so close to the time of the events because of Lambeth’s “last-minute” approach to approving them.

A spokesperson for PBP said: “First and foremost, we regret that legal action became necessary. Unfortunately, the applicants and Lambeth Council created a binary situation with no room for compromise.

“They submitted applications inappropriately late, despite knowing the risks this would introduce, as has happened in previous years.”

A spokesperson for Brockwell Live meanwhile said: “We take our stewardship of Brockwell Park seriously.

“As we prepare to deliver these much-loved, culturally significant events, we remain fully committed to its care, upkeep, and long-term wellbeing.”