Legal Viewpoint: Holocaust Memorial Centre thwarted due to historic law rather than heritage harm

The High Court recently quashed the decision to grant permission for a Holocaust memorial and learning centre next to Parliament for failing to consider a relatively obscure Victorian law which imposed an ‘enduring obligation’ to retain the proposed location as a public garden. While the challenge on heritage grounds failed, the decision offers interesting consideration of the relevant threshold test for ‘substantial harm’.

by Robert Gowing
Robert Gowing
Robert Gowing

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