Its not a technicality. If its correct and Rush Common Consent is required part of the procedure to get Rush Common consent is consultation. I would be quite happy to see that. Everyone can have there say in that case. Hopefully.
Rush Common Consent does not require public consultation. Just like listed building consent does not. As for planning permission - use of the square has been consulted on, people have had their say and what is there is in line with public demand (even if it needs planning permission). You just don't like what people said they want.
Its not just Council owned land. If u look at link I put up from Lambeth website special provisions apply as it part of Rush Common.
I am familiar with the link. It is just council owned land - not
Common Land. Rush Common restrictions are like a conservation area which covers all land in a certain area. The exact same Rush Common Act restrictions also apply to the privately owned front gardens on Josephine Avenue. The Rush Common restrictions do not protect access - just open nature/character. The enclosures used by the Ritzy would seem to fall within the published guidelines as well as with historical precedent.
As for detail I was involved in some of the early consultation of the plans for a square. The consultation was labyrinthine. In the end it was Council project that was officer led with some consultation of local community.
So you should be familiar with the consultation results I linked to. The ones in which people say that, above all else, they want a cafe/open air cafe/eating place" on the square.
imo the Council decided to go for low maintenance "secured by design" square. Possibly with kiosk/ coffee bar. Seating was kept down to stop people hanging about.
I think they would agree with you. The demand for safety from local residents had enormous influence on the plans, even leading to Effra Road not being closed as originally intended because people felt safer with a main road running through the square. That was the demand of the Effra Road Resident's group (a huge shame IMO).
As ive said before my preferred option is to increase public seating in the square. Not to cordon off one area for use of patrons of Ritzy only. Seems reasonable option to me.
That's great - ask for more seating. But it is a shame you feel the need to stir things up when what is there fits in with what was the main requirement of those who expressed a view during the consultation. Most people seem to be enjoying it.