about the burden of proof in relation to alternative sites. The first to third sentences of
IR 15.64 are unobjectionable and the Trust makes no complaint about them. Mr
Drabble focusses on the fourth sentence “in order that it may garner significant
weight, the merits of such alternatives must, logically, be underpinned by a good
measure of evidence demonstrating their viability and credibility as such an
alternative.501 [8.62, 9.65]”. However, at the end of the sentence, the Inspector
inserts a footnote and two cross references. The footnote refers to Trusthouse Forte
Hotels Ltd v Secretary of State for Environment (1987) 57 P. & C.R. 293. The first
cross-reference is to IR 8.62 where the Inspector records Westminster Council’s
submission, supported by the Council’s reference to Trusthouse Forte, that the
absence of detailed and worked up alternatives before the inquiry is not a reason for
discounting alternative sites:
“WCC believes that the absence of detailed and worked up
alternatives before the Inquiry is not a reason for discounting
this principle, as the Court said “Although generally speaking
it is desirable and preferable that a planning authority
(including, of course, the Secretary of State on appeal) should
identify and consider that possibility by reference to specifically
identifiable alternative sites, it will not always be essential or
indeed necessarily appropriate to do so””.
145. He also cross-referred to IR 9.65 recording the submission by the Trust, made
again by reference to Trusthouse Forte that “[i]t is not accepted that the existence of
an alternative proposal or site is only a material consideration if there is a specific
scheme in existence (such as occurs in a conjoined planning appeal or otherwise)”.
146. The Inspector’s approach accords with Trusthouse Forte and reflects “the
spectrum” explained in Langley Park per Sullivan LJ at [52] – [53] that “how far
evidence in support of [a] possibility, or the lack of it, should have been worked up by
the objectors or the applicant for permission [are] all matters of planning judgment”.
His approach at IR 15.164 is an example of the application of planning judgment to
that question as it arose in the case before him. He expressly recognises that it is not
necessary for a specific alternative site to be placed before the inquiry ( “though not
always essential”) before indicating, unremarkably, that the weight to be given to a
proposed alternative will be affected by the evidence of its credibility and viability as
an alternative vehicle to meet the need for which the proposed development has been
brought forward. The Trust does not identify any authority for the proposition that the
credibility and viability of delivery of a proposed alternative is not relevant to the
evaluation of an alternative site. It is simply as aspect of the Inspector’s planning
judgment.
147. Accordingly, I accept Mr Mould’s submission that it is incorrect to characterise
the Inspector’s approach as being to place a burden on objectors to produce a detailed
scheme for an alternative location for the proposed development. In the light of the
authorities, it was legally permissible for him to evaluate the strength of the case for
rejecting the planning application before the Minister by considering (amongst other
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