Court of Appeal refuses permission to appeal against quashing of Holocaust Memorial planning permission

The London Historic Parks and Gardens Trust v Minister of State for Housing and others

CA – 2022 -00831 and 000837

On 20^th July 2022 Lady Justice Andrews dismissed the applications by the Minister for Housing and the Secretary of State for permission to appeal against the order made by Thornton J quashing the planning permission for the Holocaust Memorial and Learning Centre, which was proposed to be sited in Victoria Tower Gardens adjacent to the Houses of Parliament.

She held that there was no real prospect of successfully arguing that the judge’s construction of the 1900 Act was wrong but, rather, was correct. She went on to state that once this was established, the other grounds of appeal that had been put forward had been fatally undermined. The 1900 Act represented an obstacle to the delivery of the Memorial which had not been addressed.

Richard Drabble QC (leading Meyric Lewis and instructed by Richard Buxton) appeared for the Historic Parks and Gardens Trust.

Tim Mould QC and Matthew Henderson appeared for the Minister for Housing.

Zack Simons (instructed by Richard Max and Co LLP) appeared for Learning from the Righteous.