A group of south London campaigners have launched a fresh legal challenge against a series of music festivals in Brockwell Park, just days after a landmark High Court ruling.
Lambeth Council has approved a “Certificate of Lawfulness” allowing Brockwell Live to stage events such as Mighty Hoopla and Field Day, despite judges recently quashing its previous certificate.
The borough announced the decision on Thursday — less than 24 hours before the first event, Wide Awake, opened its gates to 25,000 revellers.
It comes after residents behind the original legal challenge declared that any move to issue a new certificate would "defy" the law.
Protect Brockwell Park accused Lambeth Council of “playing legal games to outmanoeuvre the courts and silence residents” and accused organisers of hiring lawyers to send “threatening and intimidatory letters to community campaigners”.
The campaign, led by Lambeth resident Rebekah Shaman, has sparked widespread debate across London and within the music industry.
Some have sided with Protect Brockwell Park, which argues that the festivals cause an “adverse ecological impact” and limit access to green space for residents.
Others support the events, saying they enrich local culture and provide an economic boost to the area.
Protect Brockwell Park claimed the park’s events — which span a total of 37 days — are "unsustainable", disturb wildlife and compact the soil.
They also complained that large-scale events attended by 300,000 people over the summer months fence off large areas of Brockwell Park for weeks at a time.
Oscar-winning actor Sir Mark Rylance — who backs the group — said the festivals turn Brockwell Park into a “prison camp”.
Last week, the High Court ruled in favour of the group over “permitted development’ rules, finding that Lambeth Council acted unlawfully and irrationally in effectively bypassing the full planning process.
Honourable Mr Justice Mould maintained that the series of events, including setup and de-rigging, spans more than 28 days and therefore exceeds the legal limit.
However, Summer Events Limited — which organises Brockwell Live — maintained that the ruling concerned “a particular point of law and whether an administrative process had been carried out correctly”.
A statement issued by Lambeth Council on Thursday revealed that a new Certificate of Lawfulness for use or development applied for by the organisers had been issued.
Our voices have fallen on deaf ears
Locals, however, were given just 48 hours to object to the application.
Protect Brockwell Park also stressed that the newly-approved document appears almost identical to the one ruled unlawful last Friday.
But Lambeth Council insisted the new certificate had been submitted “in a different context and format”.
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A spokesman said: "People were able to comment on the application, with the opportunity to make representations during this week.
"This certificate confirms that the use of part of the park for the summer events is lawful. The events in Brockwell Park are proceeding.”
Solicitors representing Protect Brockwell Park said: "(This) latest amendment is desperate, legally flawed and factually unbelievable."
A spokesman for the group added: “We have this morning begun our legal challenge to that, as promised. We will also be opposing the appeal of old certificate, if it proceeds.
“As festivals take place this weekend, we hope everyone enjoys them.
“Meanwhile, we’ll be preparing to face Lambeth in court.”
They added: We remain open to dialogue and would welcome the opportunity to sit down with industry representatives and Lambeth Council to find a constructive way forward.
“We have repeatedly conveyed our concerns to Lambeth and Brockwell Live but our voices have fallen on deaf ears.
“Using legal manoeuvres and certificates to silence concerned community voices — as Lambeth and Brockwell Live are doing — is not the answer.”
