London park barbeques statutory nuisance challenge

We acted for ‘Save Highbury Fields’ who brought statutory nuisance proceedings (via three of its members) against the London Borough of Islington, relating to barbeques being used on Highbury Fields. The smoke, fumes and gases were said to be causing a nuisance to many residents, interfering with the rightful enjoyment of their homes and other park users. The Council agreed to consider a bye-law preventing barbeques.  

There were longstanding concerns about problems caused by barbeques on Highbury Fields, a relatively small open space in Islington. Quite intensive use led to smoke and smell problems for nearby residents, to other park users, and associated issues with rubbish, bin fires, etc. Disposable barbeques appeared to produce particularly acrid fumes. Some people would play loud music from cars nearby. Others urinated. Residents dreaded the beginning of the warmer weather, unable to open windows due to the use of barbeques, and ultimately badly affecting their enjoyment of their homes. These issues also affected other park users. Save Highbury Fields (SHF) had over 1000 supporters attempting to persuade the Council to control the use of barbeques. . With no success, representatives sought our advice and we commenced statutory nuisance proceedings in the Magistrates’ Court in October 2017 to abate the nuisance.  The representative residents were from different properties fronting Highbury Fields, to show impact across the area.

Before the matter came to a  substantive hearing in the Magistrates’ Court, the Council agreed to make all reasonable efforts to bring into effect by 1 May 2019 a byelaw regulating the use of barbeques on Highbury Fields, confining them to a small area. As it happened, barbeques were in any event restricted by Covid. Following a review, the Council published a paper in February 2023 in effect recommending the banning of barbeques throughout the Council’s open spaces (but trialling a type of electric plate). The paper “Barbeque Policy Review 2022” sets out in detail the issues leading to the Council’s conclusions, including this legal challenge which in fact brought relevant political attention.