decided, and the decision announced”.
38.
The Authority submitted that the policy to which the Requested Information relates is the
Government’s commitment to establish the Centre and that it was ‘government policy’ as the
final policy decisions relating to the delivery of the Centre are subject to approval by
Ministers. The Authority stated that the Centre is still under development and that Ministers
still need to make decisions in respect of it, including matters relating to its operation.
39.
The Authority acknowledged that the Announcement had been made regarding the cost of
admission to the Centre. The Authority’s position was that the cost of admission to the
Centre remained to be categorised as an operational decision subject to final approval by
Ministers and that it was not an issue which was the subject of a separate policy of its own
standing, notwithstanding the Announcement.
40.
The Authority stated that, at the time of the Announcement, the process of obtaining planning
consent for the proposed site of the Centre (at Victoria Tower Gardens) had been underway
since 2018 and that planning consent was originally granted in July 2021. It also stated that
such planning consent was quashed by the High Court in April 2022. We do not need to
address here the reasons for the planning consent being quashed, but the Authority explained
that proposed legislation was progressing through Parliament which aimed to resolve matters
related to that.
41.
The Authority therefore submitted that, as planning consent for the proposed location of the
Centre at Victoria Tower Gardens has not yet been obtained, the policy in question is
incomplete and accordingly remains live policy.
42.
The Authority also stated that there was still some uncertainty regarding the proposed
legislation referred to in paragraph 40 and whether planning permission would in fact be
granted at the Victoria Tower Gardens site. The Authority submitted that, if that were the
case, then it would need to explore alternatives to the current proposals, including proposals at
different sites.
43.
The Authority’s position was that, if alternative proposals needed to be explored, then all
aspects of the design, building and operation of the Centre would need to be reconsidered and
this could include the commitment to free entry to the Centre, as the Announcement was
based only upon the plans for the Centre at Victoria Tower Gardens.
44.
The Commissioner’s view (as stated in paragraph 16 of the Decision Notice) was that the
specific standalone policy in question was the policy that the Centre will be free of charge to
enter (the “Free Access Policy”), pursuant to the Announcement. He considered that it was
wrong of the Authority to conflate the Free Access Policy, as a specific standalone policy, to
the overall policy of the Government’s commitment to establishing the Centre.
45.
The Commissioner argued that the Announcement was made three years before the Centre
was originally expected to open. He considered that if the Free Access Policy was
intrinsically linked to the issue of planning permission then the Free Access Policy would
have been publicly reversed when the planning permission was quashed.
The
Commissioner’s position was that this had not happened because the Free Access Policy was
a specific standalone policy.
46.
The Requestor also disputed the Authority’s position that the Announcement was dependent
on the Centre being located at a particular site. He gave the following three reasons in
support of his view.
47.
First, he stated that the Announcement did not give any indication that the decision was
provisional, or dependent on a particular site or design.
7