Clapham Common is fenced off but local residents hold their ground against Lambeth Council

Fencing was last week erected on Clapham Common but local residents remain steadfast in their fight against Lambeth Council.

Following a week long Peaceful Picnic Protest on Clapham Common, local charity The Friends of Clapham Common (the Friends) has garnered widespread support from local residents and businesses, with its petition to "hold Lambeth Council to account for its disregard of the law", gaining over 1,100 signature in less than two days.

Whilst common land comes in all shapes and sizes, the main features of the three per cent of land it constitutes in England are that it is generally open and unfenced. It is also a highly protected type of land and, as such, requires legal permission from the Secretary of State for the Environment before fences and structures can be erected upon it.

Lambeth Council in its press release on Thursday said: "Planning permissions have been secured for this year's temporary events following well established practise, however a small protest has been held this week against these live shows taking place, and the council has agreed to meet those with concerns to address any issues they wish to raise".

Planning permissions, which Lambeth can of course grant itself, do not convey the legal permissions required for Festival Republic's upcoming event on Clapham Common.

Despite having received notice from the Planning Inspectorate (acting on behalf of the Secretary of State) in July that consent to erect fencing would not be given by August 16, Lambeth Council has decided to proceed with the festival nonetheless.

Find a more complete history of the issues at play in a press release the Friends released today. Local residents can sign the petition to hold Lambeth council to account here.

The Friends of Clapham Common, 24 August 2021

The story so far...

Since 2015, this vast stretch of land has been repeatedly caught in a cycle of degradation and repair, being either fenced off for events or fenced off for restoration.

As the size of events has continued to increase in numbers - now 40,000 people per day (120,000 total over 3 days) - the upshot has led to the public losing rights of access for extended periods of time throughout the year. The most recent restoration took over 9 months to complete and cost in excess of £200,000. The fences only came down a few weeks ago and it is now being fenced off again for Festival Republic. Lambeth Council remains in denial that it is simply asking too much from this piece of land.

Clapham Common is a protected green space and a 'Site of Interest for Nature Conservation' (SINC).

However, Lambeth Council has already signed a contract with Festival Republic to host major events, every year until 2024 - with no consent from Central Government! This means we will have up to 6 major events (40,000 people per day) and 4 large events (20,000 people per day) between 1 June and 15 September every year.

We are determined to press ahead with our fight and are making plans to get a Public Inquiry for the application Lambeth Council has made to the Secretary of State for the Environment. The decision is delegated to the Common Land Casework team that sits within the Planning Inspectorate.

The Friends of Clapham Common, a local environmental charity, is working closely with another local charity, The Clapham Society and we are gratefully accepting donations to our 'Fighting Fund' in order to hold Lambeth Council to account in respect of the way it treats our common. If you would like to donate, please visit Our Common.

Timeline of events:

22 November 2018: The Friends of Clapham Common and The Clapham Society receive Legal Opinion from Douglas Edwards QC stating that Lambeth Council needs the consent of central government in order to hold major events on Clapham Common.

23 August 2019: Lambeth Council writes to the Friends of Clapham Common, The Clapham Society and the Open Spaces Society to "confirm that in future the Council will seek consent from the Secretary of State for structures associated with similar large events of this kind planned on Clapham Common."

15 October 2019: Lambeth Council signs a commercial contract with Live Nation UK Ltd (parent company of Festival Republic) to host major commercial events on Clapham Common from 2019-2024 including music concerts for up to 40,000 paying customers per day over the summer months.

20 April 2021: At a meeting of the Planning Committee, Lambeth Council agrees to grant itself planning permission to hold major events this year on Clapham Common despite having received 315 objections from local people.

23 April 2021: Lambeth Council applies to the Secretary of State for the Environment for consent to hold the events as these constitute "restricted works" on Common land under the Commons Act 2006.

26 May 2021: Formal Planning Permission is granted by Lambeth Council, to itself, for the temporary use of Clapham Common for a range of events in 2021, involving installation and de-installation of temporary structures and other ancillary works.

By 23 May 2021: The Planning Inspectorate (acting on behalf of the Sec. of State) now receives 476 objections to the proposal from local people and stakeholders, including The Clapham Society, The Friends of Clapham Common and Clapham Common Management and Advisory Committee (CCMAC).

May, June July 2021: the Planning Inspectorate continues to deliberate on the application for consent from Lambeth Council. They subsequently confirm that they will not be in a position to make a decision by 16 August 2021.

21 June 2021: The area being used for these huge 40,000 people per day events, reopens to the local community. It has been fenced off for 9 months to go through a ground and grass regeneration following the years of damage caused by large-scale events. The regeneration project cost over £200,000.

July, August 2021: Despite failing to receive the legally required permissions from the Sec. of State, Lambeth Council decides to take its chances and al- lows Festival Republic to proceed with enclosing the "events site" on Clapham Common from 16 August to 9 September 2021 and to hold music concerts over the August Bank Holiday weekend.

4 August 2021: The Friends of Clapham Common with the support of The Clapham Society send a letter before action to Lambeth Council.

9 August 2021: Lambeth Council responds to say they intend to go ahead with the events on the basis that they hope to receive retrospective consent from the Secretary of State. There is no precedent for such consent for temporary structures on common land.

11 August 2021: The Friends of Clapham Common with the support of the Clapham Society send a solicitor's letter to Lambeth Council setting out the legal case that the Council will be in breach of the law if it goes ahead with erecting fences and temporary structures on the Common without the consent of the Sec. of State and request a response by Friday 13 August at 5pm. No response received.

16 August 2021: Local residents begin day one of their five day "Peaceful Picnic Protest" against the illegal erection of fences and other temporary structures on common land.

18 August 2021: Despite protestors successfully blocking entry for some lorries, Festival Republic gains access to the Common and starts illegally erecting fences and emporary structures.