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This week the High Court will hear the case of R (London Parks and Gardens Trust) v Secretary of State for Housing, Communities and Local Government. The case relates to the decision by the Minister of State for Housing to “call-in” the determination of the planning application for the UK Holocaust Memorial. The Holocaust Memorial is a proposed development in Victoria Tower Gardens next to the Palace of Westminster, which is being promoted by the Secretary of State. The public inquiry into the “called-in” determination is due to open in October 2020, where the Claimant will be appearing as an objector to the proposed development. The Claimant’s challenge in the High Court is focused on whether the UK has properly transposed the requirements of EU law (namely, the Environmental Impact Assessment Directive) to deal with the situation where a central or local government body is both the promoter and decision-maker on a proposed development. The Claimant also challenges specific aspects of the handling arrangements which set out how the “called-in” decision will be handled within the Government. Tim Mould QC and Anjoli Foster will be appearing in the High Court on behalf of the Secretary of State as the decision-maker. Kate Olley will be appearing on behalf of the Secretary of State as the applicant for the development. Christopher Katkowski QC and Kate Olley will be appearing on behalf of the Secretary of State at the public inquiry.
