Protect Brockwell Park (PBP) – which opposes the use of the park for large events – today (6 June) welcomed publication of the transcript of the High Court judgement that they obtained against Lambeth council.
In it, Justice Tim Mould ruled that the grant of a certificate allowing Brockwell Live events to go ahead without full planning permission was unlawful.
The council has, since the original judgement, appealed against it and issued a new certificate.
PBP is opposing the appeal and seeking a High Court ruling against the council’s new certificate.
The case revolved around legislation allowing local authorities to grant certificates for events in open spaces for 28 days of the year without full planning permission.
Justice Mould said the original plans would have seen the space for events in the park this summer change from its normal use for 37 days.
“On that simple and incontrovertible analysis, the application for the certificate could only be refused,” he said.
Justice Mould went on to say: “There was some argument at the hearing about the consequences of my decision.
“In particular, there was debate as to whether the works to the lido entrance should count for the purposes of applying the permitted development right, how many of the four days of use of the park for Pines and Needles should count for the purposes of redetermining the application and the impact of the planning permission subsequently granted for the holding of the Lambeth Country Show.
“Those are all matters which the defendant may need to consider in the light of my decision and in judging the way forward with regard to the Brockwell Live 2025 event which is now being set up.
“What I will say is that the Lambeth Country Show is now clearly authorised by the planning permission granted on 7 May 2025, but it would be inappropriate for me to trespass further into those matters which are properly to be addressed by the defendant under the statutory scheme of the Town and Country Planning Act 1990.”
Lambeth council appears to have tried to follow the judge’s advice to consider the matters referred to when drafting its second certificate, allowing the Brockwell Live events to go ahead.
Commenting on the transcript, Protect Brockwell Park said it confirmed what it had hoped: “the length of the temporary use is judged by when the land reverts to its normal use”.
This means that “the use was not lawfully permitted without a proper application for full planning permission – a crucial point that strengthens the grounds for our second legal challenge.”
PBP said it urgently need more funding to move forward.
While Justice Mould award it costs of £35K from Lambeth council in the first case, it has not yet got them because the council is appealing against the ruling.
“Most of this £35K has already been spent on top of the £50K PBP raised in its our first crowdfunder,” PBP said, because of the extra costs of launching its second challenge and defending the appeal by the council.
“More will be needed to see it through.
“Our next judicial review is our chance to make the original judgement watertight and stop this kind of misuse of planning powers from happening again in future years.”
PBP’s appeal for more funding is at
https://www.crowdjustice.com/case/protect-judgment-brockwell-park
