DCLG wins right to appeal affordable housing threshold judgment

The Department for Communities and Local Government has been given permission to appeal last month's High Court ruling in favour of West Berkshire and Reading Councils on the affordable homes threshold.

The two councils jointly won a High Court challenge in July over Government proposals for a threshold on the size of developments beneath which planning authorities should not seek affordable housing contributions through section 106 agreements.

In November 2014 Planning Minister Brandon Lewis announced a threshold of developments of 10 homes or fewer. In designated rural areas, the threshold was set at five homes or fewer.

West Berkshire and Reading joined forces to challenge the proposal.

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In West Berkshire District Council Reading Borough Council v Department for Communities and Local Government [2015] EWHC 2222 (Admin) Mr Justice Holgate in the Planning Court ruled in their favour. The judge quashed numerous paragraphs contained in national planning practice guidance.

For an analysis of the ruling, read Affordable housing and small scale sites by Jenny Wigley of No. 5 Chambers.

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