Affordable Housing and Pooling Restrictions

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - April

Simon Pickstone, modified 9 Years ago.

Affordable Housing and Pooling Restrictions

Advocate Posts: 104 Join Date: 22/04/13 Recent Posts

Hello, please could anybody with an opinion about whether or not the pooling restrictions apply to Affordable Housing Obligations, particulalry Commuted Sums for off-site provision, share it with me. Given that AH can't be secured through CIL I would have though the rationale for applying pooling restrictions is redundant? For example, why would it matter if you are spending 5 or 10 separate AH Obligations on a specific site/project, especially when the Obligations have individually already met the 'policy tests'?

s106 affordable housing pooling commuted sums

Peter Home, modified 9 Years ago.

RE: Affordable Housing and Pooling Restrictions

New Member Posts: 2 Join Date: 20/10/11 Recent Posts

Hello Simon,

CIL Regulation 63 had the effect of removing 'affordable housing' from the indicative list of infrastructure set out in Section 216 (2) of the Planning Act 2008. Therefore, affordable housing is not included within the meaning of "relevant infrastructure" for the purposes of Regulation 123 of the CIL Regs. In short, affordable housing is not caught by the restrictions on pooling S106.

Hope that helps.

Simon Pickstone, modified 9 Years ago.

RE: Affordable Housing and Pooling Restrictions

Advocate Posts: 104 Join Date: 22/04/13 Recent Posts

Thanks Peter, yes, that makes sense to me. Thank you.