location connotes a lesser degree of significance to the purpose
of that commemoration. (15.158)
15.159 In addition, the juxtaposition of the UKHMLC with the
Palace of Westminster as an ever-present reminder to
lawmakers of the dangers of complacency may be considered
trite. But as a lesson to nation and Parliament that, in exploring
Britain’s relationship with the Holocaust, reflecting on its finer
moments, its failures, and the terrible consequences of
opportunities not taken, honestly and candidly, would remind
us of the fallibility of democracy’s assumed righteousness, and
our responsibility, if not duty, to others in safeguarding it. Such
an approach underscores the direct connection between action,
or the lack of it in Parliament, and the consequence in relation
to the unfolding cataclysm of the Holocaust. The UKHMLC
would make tangible that linkage, amplifying the
commemorative and cognitive purpose of the combined
structure. Lastly, the idea of the Memorial offering a sense of
commemorative citizenship (to those from which it was robbed),
a symbol that says “British Jews (and others of minority
ethnicity and sexuality) are British; your history is our history;
your security is a British concern, you belong here”, has a very
powerful resonance, and one that should indeed be heard in the
context of the Palace of Westminster. 15.159
15.161 In broader locational terms therefore, the proposals
would fulfil the expectations of the recommendation of the
HMC. More specifically, the location next to the Palace of
Westminster not only has a resonance with a key positive
attribute of the Millbank and IWM sites, it would offer a
powerful associative message in itself, which is consistent with
that of the memoria of its immediate and wider context. As a
measure of the importance attached to the commemorative task
it has, and for all the reasons set out above, I conclude that the
location of the UKHMLC adjacent to the Palace of Westminster
can rightly be considered a public benefit of great importance,
meriting considerable weight in the heritage and planning
balance. (15.161)”
137. On behalf of Learning from the Righteous, Mr Simons sought to distinguish the
present case from other case law on alternatives. The depth and profundity of meaning
in locating the Memorial in Victoria Tower Gardens, next to the Houses of
Parliament, is exceptional. The Inspector found, he submitted, that the Memorial will
not function in the same way or fulfil the same purpose in a different location. This
amounts to a material distinction from the many examples in the authorities. Thus:
Trusthouse Forte Hotels Ltd v Secretary of State for the Environment (1987) 53 P. &
C.R. 293 was about a proposal for a new hotel near Bristol; R(Mount Cook Land Ltd)
v Westminster City Council [2017] P.T.S.R. 1166 concerned external alterations to a
department store on Oxford Street in London; R (Save Stonehenge World Heritage
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