140. He further directed himself on the materiality of alternative sites at IR 15.164
whilst expressing caution about the prospect of alternative sites, which, as mentioned,
formed the basis of Mr Drabble’s submissions on this ground:
“It is reasonable to suggest that if there are alternative
locations for a proposal which would avoid an environmental
cost, then these should be taken into account when determining
the acceptability or otherwise of the proposal at hand. This is a
particularly attractive prospect if it is held that there are viable
alternatives sites that could accommodate the proposal without
attendant harm.” “But such an approach has to be treated with
caution.
Whilst (as the Courts have determined) the
desirability of having alternative proposals before the Inquiry
may be “relevant and indeed necessary”, (though not always
essential), 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]”
141. Having identified the three primary alternative sites (IR 15.165) he narrowed his
focus to the site at the Imperial War Museum stating that it is on this site “that the
hopes of those opposing the VTG proposal are focused as a credible alternative
worthy of weight in the planning balance… Such an interest is not without
justification” (IR 15.166). He went on to address the relative merits and
disadvantages of the Imperial War Museum site. As to its merits: the Imperial War
Museum site was one of the sites identified in the Holocaust Memorial Commission
report; there are obvious synergies with the existing and proposed Holocaust content
of the museum; it is an institution familiar with handling large numbers of people; it
has a landscape context that could accommodate a combined Memorial and Learning
Centre, and there is a provisional scheme by a distinguished architectural practice
testing its feasibility, albeit this is limited in scope. Moreover, the Holocaust
Memorial Commission saw the advantage of the site, as previously stated, in it being
“within easy reach of Westminster”. He then turns to address the disadvantages of the
site including his view that ‘there are serious questions’, as to whether it would meet
the critical Holocaust Memorial Commission requirement for a prominent and striking
memorial (IR15.167). Further; he went on to state that ‘it is at least apparent to me
that the IWM site is not free from constraint.’ He listed the constraints as including: a
Grade II listed building and works which could affect its special interest; a
conservation area; potential impact on two mature trees on the site; loss of public
open space and early years play and learning facility; less well developed security
infrastructure and implications for local residents. He concluded that “Clearly,
achieving a combined facility here would also involve the balancing of benefits
against possible harms, some not dissimilar to those at VTG” (15.168). This is the
context in which he arrives at the view that “whilst seeming to offer a benign
alternative, IWM lacks a detailed scheme that would meet the core requirements of
the HMC and carries clear potential constraints that may hamper its delivery.
Together this suggests that the weight to be afforded the IWM alternative in the
planning balance is very limited.” (IR 15.169). He then turns to consider timing of
construction/installation of the Memorial and the importance of delivering the
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