Affordable housing thresholds and small development sites...

Following the decision at the Court of Appeal back in May 2016, which found in favour of a Written Ministerial Statement which exempted smaller development sites of 10 units or less from affordable housing obligations, there have been a number of appeal decisions which have indicated the extent to which local councils and the Planning Inspectorate are engaging with the guidance.

At the time of the judgement, analysis of the decision acknowledged that even though it proved a positive outcome for the government, there was scope for local authorities to resist the Written Ministerial Statement (WMS) on national exemption through their local plans.

In a recent appeal decision for an outline application for 8 residential dwellings in Cambridgeshire, highlighted in an article by Planning Magazine, this resistance was in evidence. The Inspector acknowledged in his reasons for refusal that had he approved the appeal, he would have found it necessary for the proposed development to comply with a local plan policy on affordable housing provision. He stated: “Having regard to this material consideration I find that the WMS needs to be addressed alongside local policy. The local evidence of affordable housing need is substantial and therefore I attach significant weight to this consideration.”

Whilst this isn’t the first time that the WMS on affordable housing has been outweighed by a local development plan, the majority of application and appeal decisions which followed the WMS.

However, it does provide a salutary reminder to SME builders and developers to keep a careful eye on local plan policies in this regard, and to consider the financial viability of allowing for affordable housing on smaller development schemes of 10 units or less.

About Plainview Planning:

Plainview Planning has been providing expert support on planning applications and appeals for nearly a decade. If your new build scheme could do with some professional planning input, feel free to contact our knowledgeable team with your planning enquiry via enquiries@plainview.co.uk.

You can read the appeal decision notice in full here: https://acp.planninginspectorate.gov.uk/ViewDocument.aspx?fileid=17966968