A campaigner has officially lost a High Court bid to bring a challenge against a decision to grant planning permission for several music festivals at Brockwell Park. The park in Lambeth, south London, hosts a series of events called Brockwell Live, attracting hundreds of thousands of people to festivals including Field Day and Mighty Hoopla.
Resident Juliet Chambers 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. The council opposed the bid, with festival operators Summer Events Limited also taking part.
Legal Arguments Presented
The planning permission granted by the council allows a temporary change of use for part of the park, covering a period of up to 32 days. In written submissions, Richard Harwood KC, for Ms Chambers, said the granting of planning permission was 'unlawful'. He argued that in granting permission, the term 'recreation' had been misinterpreted to 'include an open-air music festival'.
Mr Harwood stated: 'That provision 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.'
Court Ruling
On Wednesday, Mr Justice Jay dismissed the bid. He said the Oxford English Dictionary defined recreation as 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, told the court the events were 'clearly' a form of 'outdoor recreation' which 'readily encompasses organised cultural and musical events held in a park'. In written submissions, he noted that 'a maximum of 26% of the park's overall area will be formally fenced off at any one time, allowing access within that area to ticketholders alone. However, even during the events the rest of the park will be retained as public open space, therefore leaving 74% of the park open to the public throughout this period.'
Mr White added that assessments suggested no 'unacceptable harm' would arise as a result of planning permission being granted, and that nine individual benefits had been identified.
Context: Lambeth Country Show Cancellation
Earlier this month, Labour-run Lambeth Council announced that the free annual two-day event Lambeth Country Show would not be going ahead in 2026 because it would require 'a substantially increased financial contribution from the council'. Cllr Donatus Anyanwu, Lambeth Council's Cabinet Member for Stronger Communities, said: 'We know that many residents will be very disappointed that the Lambeth Country Show cannot continue in 2026, and I share their disappointment. Unfortunately, the increased costs in recent years mean the council would need to fund over £1million to run the two-day event.'
He continued: 'When we are reviewing every area of council spending to meet our budget gap, including vital services, we cannot take a decision that would prioritise this event above statutory services for the most vulnerable in our community. Protecting services for those who most need it means difficult but necessary choices like this.'
Cllr Anyanwu added that the proposal for next year 'balances the desire to hold these important events which bring joy to hundreds of thousands of people and celebrates our borough's diverse culture' while reducing the total number of event days to lessen the impact on local people.
