The Head of Planning and Regulatory Services has submitted a report to explain the impact of the Secretary of State for Communities and Local Government’s successful appeal concerning his national affordable housing policy.

The Board Member will move the recommendations.

Officer recommendation: That Council notes the consequences of the decision of the Court of Appeal and national planning policy applicable to affordable housing contributions.

Council considered a report to explain the impact of the Secretary of State for Communities and Local Government’s successful appeal concerning his national affordable housing policy.

Council noted the consequences of the decision of the Court of Appeal and national planning policy applicable to affordable housing contributions.

The Head of Planning and Regulatory has submitted a report confirming how affordable housing contributions will be sought in the light of the successful legal challenge to parts of the Planning Practice Guidance on 31 July 2015.

The Board Member for Planning, Transport and Regulatory Services will present the report.

Recommendation

That Council:

1.     acknowledges that the West Berkshire District Council and Reading Borough Council v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin) judgement of 31 July 2015 quashes paragraphs 012-023 from the Planning Practice Guidance: Planning Obligations and declares the related Ministerial Statement of 28 Nov 2014 to be immaterial for planning purposes.

2.     notes that from 31 July 2015 the Council is applying Sites and Housing Plan Policies HP3 and HP4 in their entirety and with full weight.

Council had before it a report confirming how affordable housing contributions will be sought in the light of the successful legal challenge to parts of the Planning Practice Guidance on 31 July 2015.

Council resolved to:

1.     acknowledge that the West Berkshire District Council and Reading Borough Council v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin) judgement of 31 July 2015 quashes paragraphs 012-023 from the Planning Practice Guidance: Planning Obligations and declares the related Ministerial Statement of 28 Nov 2014 to be immaterial for planning purposes; and

note that from 31 July 2015 the Council is applying Sites and Housing Plan Policies HP3 and HP4 in their entirety and with full weight.

Pages 35-50 of the agenda.

Report of the Head of City Development.

Council is asked to agree how affordable housing contributions will now be sought in the light of the amended national Planning Practice Guidance

Council is recommended to:

1.    endorse the recommended approach set out in the report and Appendix 4; and

2.    agree that it is not revoking or modifying Policies HP3 and HP4, that they retain the status of up-to-date adopted development plan policies under s38(6) of the Planning and Compulsory Purchase Act 2004 but the Council is acknowledging the likely effect of the amended national Planning Practice Guidance.

Council had before it a report recommending how affordable housing contributions will be sought in the light of the amended national Planning Practice Guidance.

Councillor Price moved and Councillor Turner seconded the report.

Council agreed to:

1.    endorse the recommended approach set out in the report and Appendix 4; and

2.    agree that it is not revoking or modifying Policies HP3 and HP4, that they retain the status of up-to-date adopted development plan policies under s38(6) of the Planning and Compulsory Purchase Act 2004 but the Council is acknowledging the likely effect of the amended national Planning Practice Guidance.