Government wins High Court decision in Holocaust Memorial case

The High Court has decided in favour of the Government following a case brought which could have affected the handling of a proposed new Holocaust Memorial in London.

The Communities Secretary applied to Westminster City Council for planning permission for the Memorial in January 2019, which would be constructed in the Victoria Tower Gardens, near Parliament.

Following a legal challenge from the London Historic Parks and Gardens Trust, the High Court has found the Government correctly placed into English law an EU directive on how authorities decide permission for planning cases that they have applied for.

This means the Government’s arrangement, in which a separation exists within MHCLG between the applicant and the decider, is the proper way of handling the case. The Government is now taking forward the High Court’s findings regarding further improvements in how this is done in practice.

Communities Secretary Rt Hon Robert Jenrick MP said:

“I’m pleased the High Court has confirmed the Government’s arrangements for determining the proposal for a National Holocaust Memorial in Westminster are appropriate.

“This project and its location are paramount in ensuring we never forget the six million Jewish men, women and children who died at the hands of the Nazis and recognising the courage of all those who fight against injustice and oppression.

“The application, which has cross party support and the support of all the major faith leaders, will now be heard at an independent planning inquiry and as the applicant for this critical project, I will continue to make the case for it strongly.”

As the applicant, the Communities Secretary will not decide the case. The case will be decided by Housing Minister Christopher Pincher. His officials working on the decision are separate to the Communities Secretary’s officials working on the application.

Today (Tuesday 6 October), a Planning Inspector begins a public inquiry that will result in a recommendation on whether to build the memorial in Victoria Tower Gardens, which will result in a report to the Housing Minister.

London is one of the only leading capitals in Western countries without a national Holocaust Memorial. With its location in the Victoria Tower Gardens, next to the Houses of Parliament, the proposed memorial will be at the centre of our democracy – sending a clear signal of our commitment to never forget the terrible lessons of the Holocaust.

Following investigations into the feasibility of this site, the UK Holocaust Memorial Foundation recommended Victoria Tower Gardens to the Government in January 2016 as the best choice of site. The then Prime Minister accepted this recommendation and announced Victoria Tower Gardens as the chosen site on Holocaust Memorial Day 2016.