Residents campaigning against a series of music festivals in South London have lost their latest legal battle against Lambeth Council.
Last month, campaign group Protect Brockwell Park launched its third judicial review over the council’s decision to grant planning permission for events in Brockwell Park.
The group argued the authority had ‘improperly granted’ permission by treating commercial music festivals as ‘outdoor recreation on protected open land’.
Richard Harwood KC, representing local residents, told the court the planning policy covering ‘outdoor recreation’ referred to activities such as ‘walking, sitting out and open-air games’.
‘It does not include a concert, whether the activities of professional musicians or spectators,’ he said.
However, Mr Justice Jay dismissed the challenge, ruling that the council had acted lawfully when granting planning permission.
In his judgement, he cited the Oxford English Dictionary definition of ‘recreation’ as a ‘pastime which is pursued for the pleasure or interest it provides’.
The ruling clears the way for the Brockwell Live festival series to begin on 23rd May with Field Day. Other events due to take place include Cross the Tracks, City Splash and Mighty Hoopla.
In a statement following the judgement, Protect Brockwell Park said: ‘Although we have not met the very high bar for proving procedural failure, by taking this action we have made huge steps forward in protecting the park.’
The group said the legal challenge had forced the council to provide more information about the festivals’ environmental impact and finances.
It claimed the authority can ‘no longer grant permission without taking proper account of the damage and impact on the park from events in previous and future years’.
‘We believe it is possible to hold popular and sustainable events in the park, but ultimately planning law allows elected councillors to make almost any decision they like,’ the statement added.
Sasha White KC, representing Lambeth Council, told the court: ‘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.’
She 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.
Image: Krists Luhaers/UnSplash
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