Cafe tenants win right to challenge Hampstead Heath lease decision

Tenants operating cafes on Hampstead Heath have secured the right to legally challenge the City of London Corporation's decision to award new leases. Hoxton Beach, the brand under which Kentish Town residents Patrick Matthews and Emma Fernandez operate three venues, will now proceed with a High Court case. The couple learned in December that their bids to continue running cafes at Parliament Hill Lido, Highgate Wood, and Queen's Park were unsuccessful.

Aussie-inspired chain Daisy Green won the right to take over four of the five cafes, including Parliament Hill Fields and Golders Hill Park. However, only the Parliament Hill Fields site, which opened in July, has so far transferred to the new operator. Leases for the remaining sites, including Highgate Wood and Golders Hill Park, have been stalled since Hoxton Beach filed its legal challenge.

Legal Challenge Details

In March, Hoxton Beach submitted a detailed legal application through solicitors Leigh Day. The application argued that the City of London Corporation's lease retendering process had been unfair, claiming the Corporation acted like a commercial landowner rather than a public authority with specific statutory duties. After seven months of deliberation, a High Court judge has now ruled that the challenge can move forward.

Mr Matthews also thanked the 25,000 people who signed a petition and offered support, including local MP Tulip Siddiq and actors Benedict Cumberbatch and James McAvoy. A spokesperson for the City of London Corporation, which acts as trustee for the Hampstead Heath charity, stated that the court's decision was noted and that the Corporation would continue to defend the claim. The Corporation asserted that its process was lawful, open, and the only fair way to secure the future of the cafes. It added that Daisy Green and Cosmin Stuparu submitted the strongest proposals with the best long-term plans. The Corporation also highlighted that the ongoing proceedings divert charitable resources that could otherwise be used for improving and maintaining open spaces, stating its focus remains on protecting these assets and serving visitors.

What Happens Next

The High Court case will now proceed to determine the outcome of Hoxton Beach's challenge to the City of London Corporation's lease decisions. The Corporation has stated it will defend the claim.