Planning Practice Guidance revised following Court of Appeal ruling on Affordable Housing

Further to the recent Court of Appeal decision to restore affordable housing exemption, revised Planning Practice Guidance has been issued.

Planning Practice Guidance has now been revised to reflect the re-instigation of the 10 unit threshold for affordable housing, as originally introduced by the Written Ministerial Statement by Brandon Lewis on 28 November 2014.

This guidance confirms that the following sites will not be required to make affordable housing or tariff-style section 106 contributions:

- Starter home exception sites

- Sites of 10 units or less with a maximum combined gross floor space of less than 1000m

- Sites in designated rural areas, such as National Parks and Areas of Natural Beauty, where the local authority chooses to apply a 5 unit threshold.

In instances where a 5 unit threshold is being applied, sites of between 6 and 10 units will be expected to pay cash payments in lieu of the affordable housing and tariff style contributions. The payments should be commuted until the dwellings have been completed.

To read this guidance in full, visit Planning Practice Guidance.

For further information or to discuss your Planning requirements, please contact David Jones