Two councils launch judicial review proceedings over s.106 changes

Two local authorities have joined together to launch judicial review proceedings over the Government’s changes to the use of Section 106 agreements.

In November 2014 Planning Minister Brandon Lewis announced via a written ministerial statement that the use of section 106 agreements would be restricted to developments of 10 homes or fewer. In very rural areas, the restriction was limited to five homes or fewer.

The changes were introduced via a subsequent update to the National Planning Policy Guidance.

West Berkshire Council and Reading Borough Council have now applied to the High Court for judicial review of the changes.

Cllr Hilary Cole, West Berkshire's Executive Member for Planning said: "The decision to legally challenge the Government on this issue was not taken lightly. However, given the fact that the immediate impact of their announcement is the potential total loss of critical infrastructure and new affordable housing to the communities around small developments, there was no alternative but to take action. By joining with Reading we are demonstrating a cross party concern."

She added: "West Berkshire and Reading are not alone in challenging this amendment. Other councils are also looking to take group action in order to protect the interests of their residents."

Cllr Tony Page, Reading Borough Council's Lead Member for Strategic Environment, Planning and Transport said: "These changes would amount to pure profit for landowners and developers at the expense of people looking for affordable places to live. At a time when policy should be moving towards creating more affordable housing, this is yet another slap in the face for residents.

"Similarly, the removal of the ability of local councils to request a financial contribution from developers for developments of fewer than 10 properties for things like improvements to local roads, schools and playgrounds is going to have a significant effect. In Reading we estimate a loss of around £650,000 in local community benefits every year and, again, this money will just be profit for landowners and developers."