Fallback: real prospect

Samuel Smith Old Brewery

Mansell v Tonbridge and Malling BC [2017] EWCA 1314

para 34:  The officer did not simply consider the fallback in a general way, without regard to the facts. He considered it in specific terms, gauging the likelihood of its being brought about if the council were to reject the present proposal. In the end, of course, these were matters of fact and planning judgment for the committee.

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