The much anticipated Court of Appeal ruling on the exemption of small residential sites (10 homes or fewer) from affordable homes obligations has been published today.
Reading Borough Council and West Berkshire District Council quashed this Government policy, through winning a High Court ruling in July 2015. However, today the government has won the legal challenge in the Court of Appeal. Consequently the Planning Policy Guidance text has been reinstated. No affordable housing provision or contribution is therefore required for small scale developments, incorporating schemes of 10 or less units (five dwellings in designated rural areas), or a maximum gross floor space of 1,000 sq m. CIL contributions will still be required for these proposals where CIL has been adopted.
However, should the Council’s choose to, this latest decision could be challenged one final time by taking it to the Supreme Court. Aitchison Raffety will keep you informed of any further developments in respect of this and other important planning policy changes as they occur.
For further information, please contact Jonathan Weekes, Associate Director in Aitchison Raffety’s Planning Division on 01604 880163 or via email at email@example.com