Supporting Local Councils in Leicestershire & Rutland

New ruling exempts small developments from affordable housing and financial contributions

On Wednesday 11th May the Court of Appeal allowed the Governments appeal against the quashing of the 10 dwellings or fewer exemption that Reading and West Berkshire secured previously in the high court. This appeal was allowed on all four grounds against Mr Justice Holgate's judgment in West Berkshire District Council and Reading Borough Council v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).

The affect of this is to exempt small developments from affordable housing or financial contributions, although the judgement does allow councils to seek to justify a different approach in their respective areas.

A return of the previously quashed text within Planning Practice Guidance can be expected imminently to give effect to the ruling. The Court of Appeal has held that the national planning policy on minimum thresholds for affordable housing and on the vacant building credit was lawfully made when promulgated by Written Ministerial Statement in November 2014, and within amendments to the PPG early IN 2015.

Posted: Thu, 19 May 2016 20:44 by Jake Atkinson

Tags: Legal, neighbourhood plan, planning