New Guidance on s106 - Public forum - Planning Advisory Service (PAS)

We have been having exactly the same debate in our office and the 'and' and whether it should be an 'or'!

I've been in touch with CLG to try and get some clarity and they replied stating:

"The threshold is within 10 units and 1,000 square metres – so both measures need to be met. A 13 unit site is outside of the scope of the measure regardless of the floor space. An 8 unit site is outside the scope if it exceeds 1,000 square metres."

It is poorly worded by CLG and so isn't very clear. I think part of the confusion comes from the way it is written as a negative requirement, rather than one which sets out when affordable housing can be asked for.

To try and explain our understanding out it we've prepared a quick note with a flow chart and a couple of examples which I've attached - but if you have a different interpretation, or think we've got it wrong, do let me know!

Further to Bryan's mention of a judicial review, a housing colleague's just sent me this article from his daily regional housing news - http://us5.campaign-archive2.com/?u=91cb73bca688114fefed773f2&id=bdfe92e06c&e=bc83f4199f

Council ditches government planning guidance in favour of its own policy

A district council is to challenge government guidelines which limit the amount of affordable housing required on small developments.

Richmondshire District councillors voted on Tuesday, January 19, at a meeting of the authority's corporate board, to give their own planning policy more sway over government guidance because members believe all developments should make a contribution to affordable housing.

The decision comes after Minister for Housing, Brandon Lewis MP, announced last November that the government would be lifting the burden of developer contributions on small scale schemes – so there would be no need for affordable homes to be included on sites of five houses or less.

But the decision – which now forms part of National Planning Policy Guidelines – runs against the terms of the newly-adopted Richmondshire Local Plan Core Strategy, which expects developers to make a contribution to affordable homes even if they are building just one house.

After taking advice from a leading QC, and gaining evidence that contributions on small sites would not make smaller developments unviable, councillors voted to give their policy more weight during the decision making process.

Callum McKeon, the authority’s corporate director and solicitor, said: “We are aware that we need to take government guidance into account in our decision making but this guidance would have effectively undone an evidence-based policy that has been rigorously tested through a public inquiry – and which was designed to improve the housing situation for those on lower incomes living in the district.

“It was vital that we tested our own legal position, and we are delighted that our conclusions have been supported by one of the leading QCs in the country.”

Cllr Jane Parlour, chairman of the planning committee, added: “If we had implemented the new government guidance as it has been handed down to us it would have blown our affordable housing policies clean out of the water, leaving us unable to help the young families we know are having difficulties being able to live locally in the district.

“Now we are able to take their needs into account again when making our planning decisions.”

Council leader Cllr John Blackie added: “The Government guidance had an even more draconian impact in the Yorkshire Dales National Park.

“The Local Government Association is challenging the guidance and has arranged a meeting with the minister in February.

“A U-turn may well be on the cards – I hope so.”