Following on from our
posting about the removal of the exemption of small scale
developments from affordable housing contributions, please note
that the Court of Appeal reversed the High Court's decision.
The Court of Appeal has given legal effect to the Government's
intended policy and that now means that:
contributions should not be sought
from developments of 10 units or less which have a maximum combined
gross floor space of no more than 1,000 square metres;
in designated rural areas, local
planning authorities can apply a lower threshold of 5 units or less
and where that lower threshold is applied, affordable housing and
Section 106 contributions should be sought from developments of
between 6 and 10 units as commuted cash payments;
affordable housing and Section 106
contributions cannot be sought from any development involving an
annex or extension to an existing home.This will not be welcomed by
local authorities seeking to maximise affordable housing in their
areas but will be a relief for developers with small scale
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