Council issues certificate of lawfulness for Brockwell Park events days after High Court quashes earlier approval

The London borough announced the decision yesterday (22 May), less than 24 hours before the first event was set to take place.

The decision comes after campaigners behind the original legal challenge said any move to issue a new certificate would "defy" last week's High Court judgment.

Lambeth initially approved the May events using permitted development rights in March.

A decision notice issued under section 192 of the Town and Country Planning Act 1990 labelled the development as lawful as it fell within the scope of the permitted development rights contained in Schedule 2, Part 4, Class B of the Town and Country Planning (General Permitted Development (England) Order 2015.

However, local campaign group Protect Brockwell Park (PBP) claimed that Lambeth's decision to grant the application for a certificate of lawfulness was unlawful.

BPB argued that large-scale live events in the park are "unsustainable", disturb wildlife and compact the soil.

They also complained that the events fence off large areas of the park for weeks at a time.

In a judgment handed down last week (16 May), a High Court judge quashed the certificate, finding that Lambeth acted unlawfully and irrationally.

However, a statement issued by the council on Thursday revealed that a new certificate of lawfulness for use or development applied for by the organisers for the events had been issued.

The statement 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.

"The application for the new certificate of lawfulness follows the High Court ruling last week on the previous certificate, which was submitted in a different context and format."

In a statement released ahead of Lambeth's decision on Thursday, Protect Brockwell Park said any move to issue a new certificate would ignore "the substance of the court ruling and the ongoing harm to the park and its users, and playing legal games to outmanoeuvre the courts and silence residents".

Responding to the amended certificate application that has since been approved, solicitors representing the campaign group said: "[This] latest amendment is desperate, legally flawed and factually unbelievable."

Adam Carey