London music festivals insist they won't be cancelled after court sided with residents including Mark Rylance who sued council over decision to use park for events
London music festivals insist they will go ahead despite a High Court ruling that found the use of parts of the park as an event space for more than 28 days was 'irrational'.
The ruling was welcomed by Protect Brockwell Park campaigners as well as Dunkirk actor Sir Mark Rylance, who said in a statement issued by the group that it was 'wonderful news' and that 'every small victory for nature makes a difference'.
However, a spokesperson for the planned music festivals due to take place this month said they will not be cancelled.
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.
Last week, Rebekah Shaman, a resident in the area successfully brought legal action against Lambeth Council over the use of parts of the park for the festivals, which this year are due to begin 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 ruling on Friday, 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'.
Lawyers for Ms Shaman and the Protect Brockwell Park group wrote to the council following the ruling, asking it to 'confirm that the event has been cancelled' and to clear any fencing or infrastructure.
They also stated that Brockwell Live did not have planning permission.
But on Monday, a spokesperson for Brockwell Live said that no events would be cancelled, with Lambeth Council confirming that the event's organisers, Summer Events Limited, had reapplied for planning permission.
Alongside Mighty Hoopla, Brockwell Live features events including family orientated Brockwell Bounce and alternative music festival Wide Awake.
The Brockwell Live spokesperson said: 'Brockwell Live can confirm that all events in the series will go ahead as planned, including the Lambeth Country Show.
'Friday's High Court ruling dealt with a particular point of law and whether an administrative process had been carried out correctly.
'We wish to make it clear that no event will be cancelled as a result of the High Court's decision.
'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.
'With set-up nearly complete, we look forward to opening the gates and welcoming festival-goers later this week.'
Lambeth Council said: 'Summer Events Limited has applied to Lambeth Council for a new certificate of lawfulness, for 24 days, following the High Court ruling last week on the previous certificate.
'The council is urgently considering that application. That consideration does not stop the events proceeding.'
Before the hearing last week, Protect Brockwell Park said they were 'not anti-festival, we support well-run inclusive events', but that the festivals cause damage, including to the grassland and trees.
In a celebratory statement issued by the campaign group, Sir Rylance said: '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.'
After the decision, Ms Shaman said: '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.'
Mr Justice Mould said that 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 the council and Summer Events Limited both asked the judge for the go-ahead to challenge his decision, but this was refused.
The council and organisers can still ask the Court of Appeal for permission to challenge the decision directly.
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