b) Other material considerations, including any public benefits the proposals might
bring; the principle of the proposed development; Victoria Tower Gardens as a
location for the memorial, the consideration of alternative sites for the Memorial
and the timing and content of the proposals.
24. In summary; the Inspector’s main conclusions and recommendations on the issues
relevant to this challenge were as follows:
a) the harm from the development to the Buxton Memorial and the Gardens did
not approach anything near the NPPF policy threshold of ‘substantial harm’
(IR 15.69; 15.94 and 15.117).
b) Nonetheless, the measure of harm to the Buxton Memorial should be assessed
as being of great importance and the weight to that harm should be
characterised as considerable. The weight to be apportioned to the (moderate)
harm to the Registered Park and Garden should be characterised as
considerable (IR 15.69; 15.94 and 15.117).
c) In terms of public benefit, the proposal fully meets the Holocaust Memorial
Commission recommendation for a striking new memorial prominently
located in central London. Location of the Memorial adjacent to the Palace of
Westminster is a public benefit of great importance. These factors merited
considerable weight in the heritage and planning balance (IR15.155-15.161).
d) Alternative locations should be taken into account when determining the
acceptability of the proposal if they would avoid an environmental cost
(IR15.164).
e) Whilst seeming to offer a benign alternative, the Imperial War Museum site
lacks a detailed scheme that would meet the core requirements of the HMC
and has clear constraints that may hamper delivery. The weight to be afforded
to it was therefore very limited (IR15.169).
f) The two other sites merited still lesser weight than the site at the Imperial War
Museum (IR15.169).
g) Achieving a memorial within the lifetime of survivors of the Holocaust has a
resounding moral importance that can be considered a material consideration
and a public benefit of great importance meriting considerable weight in the
planning balance (IR15.170 -172).
h)
Weighing the public benefits of the proposal (including its location next to
Westminster and the delivery of a Memorial within the lifetime of survivors)
against the identified heritage harms, and taking account of the limited
viability of alternative locations, the balance can be seen to clearly and
demonstrably weigh in favour of the proposals (paragraph 196 (now 202)
NPPF)(IR 15.186-15.189).
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