THE LONDON HISTORIC PARKS AND GARDENS TRUST v THE MINISTER OF STATE FOR HOUSING & Anor.

THE LONDON HISTORIC PARKS AND GARDENS TRUST v THE MINISTER OF STATE FOR HOUSING & Anor.

The Inspector did not err in his application of the legal test for 'substantial harm' to heritage assets. However, section 8(1) of the London County Council (Improvements) Act 1900 imposes an enduring statutory obligation to maintain the land as a public garden, which is a material consideration affecting deliverability of the scheme. The Inspector's assessment of alternative sites was conducted without appreciation of the implications of the 1900 Act, rendering the decision unlawful.

Parties
Claimant: The London Historic Parks and Gardens Trust; First Defendant: The Minister of State for Housing; Second Defendant: Westminster City Council; First Interested Party: The Secretary of State for Housing Communities and Local Government; Second Interested Party: Learning from the Righteous
Jurisdiction
England and Wales
Judgment Date
08 April 2022
Procedural Posture
Statutory Review / Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed in part; Minister's decision quashed.
Legal Topics
Heritage Protection, Planning Permission, Statutory Obligations, Alternative Sites in Planning, Material Considerations in Planning, Judicial Review Standards
Planning Law Administrative Law Statutory Interpretation Heritage Protection Planning Permission Statutory Obligations Alternative Sites in Planning Material Considerations in Planning +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The London Historic Parks and Gardens Trust

Claimant

The Minister of State for Housing

First Defendant

Westminster City Council

Second Defendant

The Secretary of State for Housing Communities and Local Government

First Interested Party

Learning from the Righteous

Second Interested Party

Procedural Posture

Statutory Review / Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector applied the correct legal test for 'substantial harm' to heritage assets under the NPPF and Planning (Listed Buildings and Conservation Areas) Act 1990
  2. 2 Whether section 8 of the London County Council (Improvements) Act 1900 imposes a statutory prohibition on the proposed development in Victoria Tower Gardens
  3. 3 Whether the Inspector erred in law in his approach to alternative sites for the Holocaust Memorial

Ratio Decidendi

The Inspector did not err in his application of the legal test for 'substantial harm' to heritage assets. However, section 8(1) of the London County Council (Improvements) Act 1900 imposes an enduring statutory obligation to maintain the land as a public garden, which is a material consideration affecting deliverability of the scheme. The Inspector's assessment of alternative sites was conducted without appreciation of the implications of the 1900 Act, rendering the decision unlawful.

Court Disposition

Claim allowed in part; Minister's decision quashed.

Orders

  • The decision to grant planning permission for the Holocaust Memorial in Victoria Tower Gardens is quashed.