Decision details
Affordable Housing contributions in the light of the successful legal challenge to the Planning Practice Guidance
Decision Maker: Council
Decision status: Recommendations approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
In November 2014 the government introduced changes to the Planning
Practice Guidance which meant that Local Planning Authorities were
unable to seek contributions towards affordable housing from
developments of 10 or fewer dwellings and had to apply a Vacant
Building Credit which reduced any affordable housing provision from
larger sites. The approach that the Council needed to take with
respect of Sites and Housing Policy HP4 in particular was reported
to Council on 2nd Feb 2015.
Subsequently, West Berks and Reading Council’s legally
challenged the Government and on 31 July 2015 succeeded in quashing
those elements of the Planning Practice Guidance. This report is to
confirm the approach that the Council will now take in relation to
these matters.
Decision:
Council noted the consequences of the decision of the Court of Appeal and national planning policy applicable to affordable housing contributions.
Report author: Patsy Dell
Publication date: 12/08/2016
Date of decision: 25/07/2016
Decided at meeting: 25/07/2016 - Council
Accompanying Documents:
- Update concerning affordable housing requirements and national planning policy - July 2016 PDF 119 KB View as DOCX (1) 168 KB
- Affordable Housing requirement - Appendix 1 - West Berks Court of Appeal judgement PDF 285 KB
- Affordable Housing requirement - Appendix 2 - 20 Bleinham Drive appeal decision PDF 1 MB