Apologies and corrections: some changes have been made to the original target amount and the use of funds section. We sincerely apologise for this error which occurred due to a lack of confirmation. The specific corrections have been posted in the progress section. We would be grateful if you could check it.

Introduction | Jingu Gaien and the Issue of Redevelopment

Have you ever been to Jingu Gaien? If so, you know its beauty and benefits. If not, you’ve probably  heard its name. For nearly 100 years, Jingu Gaien has been preserved and cherished by people from all walks of life. But now the more than 3,000 trees and the rare green space they create are facing destruction because of a plan to redevelop the area into shops, hotels and sports facilities.

Under a redevelopment plan scheduled for completion in 2036, both the Jingu Stadium and the Chichibunomiya Rugby Stadium would be rebuilt on new sites. Their relocation will make room for  towering commercial buildings and hotels, some of which will reach heights of nearly 200 meters. And 1000 large trees will need to be removed in order to make way for the new buildings. Replacement trees will be planted but they would likely be much fewer in number and would take years to mature.

Such a large-scale redevelopment should be carried out only after thorough discussions and citizen participation. However, this project never included that kind of public dialogue and the tree cutting is about to begin.

Going to court to challenge official administrative procedures 

In an effort to give the trees a stay of execution, and force a fundamental reevaluation of the redevelopment plan, we have initiated legal proceedings. In February 2023 we filed a lawsuit against the Tokyo Metropolitan Government seeking the revocation of its approval for the redevelopment. Then in July, we sued  Shinjuku Ward seeking the revocation of the tree-cutting permit issued to the developers. Both cases are pending  in the Tokyo District Court.

By taking such strong legal action, we aim to challenge the legitimacy of the plan in a public forum. Experts have already questioned whether the approvals were legally obtained and we now seek the opinions of impartial judges on issues related to the approvals process. We hope that through such litigation, we can hold those in power accountable.

How the Developers and the Government Collaborated to Create the Redevelopment Plan  

After Tokyo won the bid for the Olympics, the developers involved in this project, including Mitsui Fudosan, began discussions with entities such as the Tokyo Metropolitan Government and individuals like Mori Yoshirō. Through this collaboration between the government and the developers, a plan was created that encompassed the entire Jingu Gaien area, following on the reconstruction of the nearby National Stadium.

Instead of this closed-door approach,  the government should have adhered to the spirit of urban planning laws and prevented abusive development by private entities, but it did not.

The Tokyo Metropolitan Bureau of Urban Development explains the significance of the redevelopment plan on its website:

"The aging of sports facilities, the obsolescence of the competitive and spectator environments, the shortage of open spaces for people to easily enjoy sports and nature, congestion due to insufficient pedestrian space, and a lack of continuous barrier-free routes are some of the urban development challenges we face."

"In this urban development project, while addressing these challenges, we aim to create a world-class sports hub with a rich green character and vitality, following the 'Urban Development Guidelines for the Jingu Gaien Area after the Tokyo 2020 Games' set by the Tokyo Metropolitan Government. Four developers are collaborating on this effort."

The developers have also argued that the construction of tall buildings with revenue potential is necessary for the maintenance of Jingu Gaien, but they don’t talk about any plans for conserving the environment or for encouraging a  sustainable society through this project.

What Will be Lost? What's wrong With the Redevelopment Plan?  

A GIF animation that overlays a development plan onto the current site. The construction of three high-rise buildings will increase wind turbulence and obstruct the sunlight essential for trees to grow.

Loss of Landscape and Environment that Have Been Protected for nearly 100 Years

More than 3,000 trees in the designated Scenic District will be cut down, significantly compromising the landscape and environment. Trees require decades to grow, and once these trees, which have been nurtured and cherished for decades,  are cut down, it will not be easy to replace what is lost. Additionally, the historically significant structures, the Jingu Stadium and the Chichibunomiya Rugby Stadium, will be demolished with new facilities changing the surrounding landscape. The National Foundation Memorial Archives Forest is expected to be almost lost, the grassy plaza in front of the picture gallery will be reduced to one-third of its current size, and there are concerns about the Ginkgo trees in front of the Rugby Stadium being removed and the four main rows of Ginkgo trees withering in the future, due to the lack of sunlight and construction-related damage to their roots.

Discontinuation of Public Facilities

Despite the Tokyo Metropolitan Government's stated goal of creating a "world-class sports cluster," the plan involves discontinuing all public sports facilities, such as the community softball fields, golf practice range, futsal courts, batting center, and more. These facilities have been widely used and cherished by the general public. The only remaining sports facility will be an exclusive, expensive tennis club, which cannot provide fair access to the public.

Impacts of Noise and Wind Turbulence on Nearby Residents

Nearby residents will suffer from noise pollution during the construction period, which is expected to last more than 10 years. There is also concern about wind turbulence caused by the addition of multiple high-rise buildings.

Acceleration of Climate Change

The redevelopment plan is expected to emit 565,000 tons of carbon dioxide (CO2), potentially accelerating climate change. If 565,000 tons are emitted annually for a 10-year period, it would take  approximately  0.64 million hectares of forest (about 8% of Tokyo's forests) just to absorb that amount of CO2. Furthermore, the removal of trees in Jingu Gaien would reduce the city’s capacity to absorb CO2. These factors could help speed climate change and the problems linked to it.

Why we went to court to challenge the Administrative Procedures

We believe that the current administrative procedures are illegal, mainly for the following three reasons:

1.Abuse of the System 

The application of the "Park Town Development Program", which is inherently unreasonable in this context. 

The "Park Town Development Program" is intended for areas within urban planning park zones that have not yet been developed as parks (undeveloped zones). It is a system designed for areas that are "not yet developed as parks." However, in the case of the Jingu Gaien plan, the existing rugby field, which is to remain as a park, is unreasonably treated as an "undeveloped area for park development." Furthermore, the land that includes the grounds of the existing Jingu Stadium, already used as a park, will have its designation as a park under the urban planning code removed, to allow for the construction of office buildings and other structures that would not be permitted within a park zone. This way of implementing redevelopment significantly deviates from the original intent of the "Park Town Development System" and can be seen as an abuse of the system.

2.Non-Scientific Decision-Making

Inadequate Environmental Impact Assessment (EIA) (essential information was not provided to the review committee)

During the  Environmental Impact Assessment (EIA) process (held in accordance with the Tokyo Metropolitan Government's Environmental Impact Assessment Ordinance), the developer’s actions were contrary to the spirit of the ordinance. It has ignored instructions from the EIA review committee's chairman, subcommittee chairpersons, and members, failing to submit the necessary documentation. Despite this, the Tokyo Metropolitan Bureau of Environment, acting as the secretariat, has consistently sought an early conclusion to the process. The Japan Society for Impact Assessment has also pointed out issues with the way the EIA review was conducted, stating that "scientific discussions were extremely insufficient."

3.Lack of Democratic Participation 

The involvement of the Tokyo Metropolitan Government and Shinjuku Ward in this plan has proceeded without listening to the voices of citizens.

Discussions were held in closed meetings within the administration, with no opportunities for citizen participation.

The Tokyo Metropolitan Government decided to apply the "Park Town Development Program" behind closed doors, away from the eyes and ears of Tokyo citizens, and implemented the decision in a manner that goes against the spirit of the Urban Planning Act. Procedures defined by law, such as public hearings and opportunities for citizens to review and submit opinions, did not take place, a fundamental flaw in the process.

Changes to the Scenic District designation and approvals for redevelopment and tree felling have been made in secret.

Shinjuku Ward, in response to a request from the Tokyo Metropolitan Government in 2020, changed the designation of the Jingu Gaien redevelopment area from a strictly regulated Scenic District to an area with lax regulations, allowing the construction of high-rise buildings through redevelopment. This change was made without consulting the Shinjuku Ward residents, ward council, or the ward’s urban planning review committee. Such undemocratic action was taken  intentionally to avoid hearing the voices of citizens who are users of the park, falling far short of what citizens expect from their government.

The citizens who love Jingu Gaien join hands to encircle a section of the park, demanding a reconsideration of the redevelopment plans.

Regarding Our Two Lawsuits: 

Lawsuit against the Tokyo Metropolitan Government (Lawsuit #1):

This lawsuit was filed against the Tokyo Metropolitan Government on February 28, 2023, seeking annulment of the approval for the Jingu Gaien redevelopment plan. We argue that the way the 'Park Town Planning System' was applied was inherently unreasonable and lacked guarantees for citizen participation and information disclosure in the decision-making process. We consider this an abuse of the urban planning system by the Tokyo Metropolitan Government and project developers.

Furthermore, we argue that the developers failed to provide essential information, such as details about the trees to be felled, to the Environmental Impact Assessment Committee. We also assert that the Tokyo Metropolitan Government completed the environmental impact assessment without properly evaluating the project’s actual environmental impact. The decisions based on such an environmental impact assessment report are either negligent or an outright abuse, since they misinterpret underlying facts, and thus should be revoked.

Lawsuit against Shinjuku Ward (Lawsuit #2):

This lawsuit was filed against Shinjuku Ward on July 25, 2023, seeking the annulment of the permit for tree felling associated with the Jingu Gaien redevelopment plan. In 2020, based on the request of the Tokyo Metropolitan Government, Shinjuku Ward changed the redevelopment area of Jingu Gaien from a heavily regulated Scenic District to an area with looser regulations, enabling the construction of high-rise buildings. Moreover, this change was made without consulting Shinjuku Ward residents, the ward council, or the urban planning review committee. We argue that such a change – without undergoing a democratic process – constitutes  an abuse.

Calls for Dialogue Repeatedly Ignored

The Jingu Gaien redevelopment plan has been in preparation for a decade, yet its details have been largely kept from the public. But now, numerous issues have been raised regarding  the procedures carried out by the Tokyo Metropolitan Government and Shinjuku Ward in advancing this plan, even after project approval. As a result, opposition to the redevelopment is growing daily.

Ryuichi Sakamoto continued to call for the cancellation of  tree felling in Jingu Gaien until his last moments. He died in March but this determination lived on in the “Demonstration with Ryuichi Sakamoto”

Message from the Plaintiffs 

The plaintiffs are people who have experienced the tranquility and healing effects of the greenery and landscape of Jingu Gaien at different stages of their lives, from childhood to adulthood, and during their time working in Tokyo.

We have been engaged in activities such as signature campaigns and protests against this redevelopment plan even before filing this lawsuit. Many people, through such movements, hoped that the developers and the authorities would reconsider the plan and listen to the opinions of Tokyo residents. However, no such reconsideration or listening took place, and the Tokyo Metropolitan Government went forward with approval of the project. 

Realizing that we needed to take a different approach, we decided to file suit  in the hope that the court will stop this unreasonable and unjust plan.

Redevelopment and the unnecessary cutting down of trees are not issues limited to Jingu Gaien. They are happening all over Japan, in blatant disregard of residents' opinions and exploiting legal loopholes. If a precedent is set in Jingu Gaien that parks can be wantonly developed, there is a concern that valuable urban parks in cities across the country will be dismantled for redevelopment, one after another like dominoes. We strongly feel that we must not create a trend where public assets are taken away for the benefit of a few developers. We want the courts to make it clear that development that ignores residents is neither legal nor in the best interests of Japan and its people.

Message from the Legal Counsel 

“I feel strongly about the need to prevent the redevelopment plan that would destroy the historical garden of Jingu Gaien with its serene and magnificent trees and construct three high-rise buildings, from a perspective of avoiding environmental destruction.

Suing government entities can be challenging and have high hurdles for the residents, but I want to represent the feelings of the plaintiffs as much as possible and strive for a clear and understandable trial. Additionally, using creative thinking, I will do my best to break down the thick barriers that make it so difficult for citizens to sue the government and win.”

Yukio Yamashita (Tokyo Bar Association, Shinjuku Sakigake Law Office)

Use of Donations 

It costs money to  carry out thorough evidentiary activities and pursue litigation with social impact. We ask for your understanding and support.

Necessary expenses for filing lawsuits (revenue stamps, postage, etc.): 

Currently, there are 160 plaintiffs in the Tokyo lawsuit and 5 plaintiffs in the Shinjuku City lawsuit. Increasing the number of plaintiffs and increasing the influence of this lawsuit on society by filing a second and third lawsuit will give us the power to stop the redevelopment and associated cutting down of trees, and will also give us strength in court. Although we cannot increase the number of plaintiffs for the Tokyo lawsuit because the deadline has passed, we would like to recruit additional plaintiffs for the Shinjuku City lawsuit, aiming for 50 plaintiffs, and we hope to be able to prepare for the cost of the lawsuit to match that number. We hope to be able to pay for the cost of the lawsuits from the funds donated. The cost is expected to be approximately 3 million yen, since the filing of a lawsuit requires a fee (stamp fee) based on the amount that is being sued for.

Transportation expenses for witnesses and others: 

We anticipate an expense of 200,000 yen. This includes transportation expenses for plaintiffs and lawyers when appearing in the Tokyo District Court for the trials, as well as transportation expenses for experts and other individuals when they come to provide testimony.

Written opinion expenses: 

We plan to ask experts for written opinions, and we anticipate these will cost approximately 1.2 million yen.

Lawyer fees: 

We anticipate a payment of 1.2 million yen to lawyers who possess specialized knowledge for the ongoing and expanding litigation activities.

Administrative office and other expenses:

To coordinate and expand litigation activities with many plaintiffs, hiring an administrator is indispensable. We also wish to conduct public relations activities related to the litigation. Therefore, we hope to use approximately 0.36 million yen from the donation funds for administrative expenses and other related expenses.

*In the event that we receive many donations and there is a surplus after covering all expenses, we would like to donate it to support urban tree conservation.

Support the Lawsuit to Stop the Redevelopment!  

Many people wish to pass on the landscape, trees, and history of Jingu Gaien to the next generations and are raising their voices against the way the  government and the developers pushed the plan through under the cloak of secrecy. Even though more than  220,000 signatures have been collected, the fact that they are being ignored and that the plan is being pushed through is a significant problem in itself. By taking legal action, we aim to bring the issue to light in court – a public setting –  and we hope for a judgment that stops this unreasonable and unjust plan.

Support for this lawsuit will become a significant force in stopping the redevelopment and encouraging dialogue between residents and authorities. If you agree with our cause, we kindly ask for your support and encouragement. And please spread the word!

We are also updating our Jingu Gaien Lawsuit website with recent news and updates.