A London judge ruled today that Lambeth Council’s decision to give planning permission to the Brockwell Live series of music festivals was “irrational” — but said it was not in his power to order that the festival should be stopped.
Campaign group Protect Brockwell Park has been seeking a court order blocking the Brockwell Live series of music festivals, which are set to kick off this Bank Holiday weekend. The 500,000 sq m park is surrounded by the Herne Hill, Tulse Hill, West Dulwich and Brixton areas of south London.
At a hearing yesterday Protect Brockwell Park’s lawyer, Richard Harwood KC, argued the planning officer who approved the festival made a factual error when considering the festival organisers’ application for permission for the festival.
The organisers applied under the so-called permitted development rules that allow up to 28 days per years of alternative use for the site. However, both the organisers and the planning officer miscalculated the number of days needed by not accounting for the two weeks needed to prepare the site, Harwood said. This took the park over its 28-day limit.
Harwood said the permission granted for the site should be rescinded.
Giving judgment today, judge Mr Justice Mould agreed.
“Mr Harwood’s submissions are essentially correct,” he said. The decision to grant permission was “irrational” and the planning officer’s calculation of the number of days needed was “simply factually wrong”.
However, the judge stressed his role was simply to rule on the legality of the certificate and nothing else. He said he would not and could not issue a court order stopping the festival from taking place.
“At one stage it appears that if successful in the claim, the claimant might invent me to consider the grant of an injunction restraining the grant of holding Brockwell Live 2025, but Mr Harwood wisely eschewed any intention of pushing such an application.”
The festival organisers have already started preparing the site, and the first event, Wide Awake, is scheduled for 23 May.
The judge said the “practice effect” of his judgment is that Lambeth will have to make a fresh determination of the organisers’ request for permission.
During the hearing yesterday, the judge said if the organisers “get their skates on” and clear the site by the end of 3 June, they still might be able to use the permitted development rules.
They had planned to take until 16 June to totally remove all the fences and stages, two weeks after the final Brockwell Live event.
The first festival scheduled is Wide Awake on 23 May, followed by Field Day on 24 May, Cross the Tracks on 25 May and City Splash on 26 May. Mighty Hoopla takes place on 31 May and 1 June.
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