Planning Advisory Service (PAS) Logo
Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - April

Implications of the Affordable Housing High Court challenge

thumbnail
Jo Witherden, modified 8 Years ago.

Implications of the Affordable Housing High Court challenge

Enthusiast Posts: 33 Join Date: 21/10/11 Recent Posts

Picture the scenario -

Local Plan progressing through examination, originally based on zero threshold for affordable housing contributions, but modifications proposed in light of the Ministerial Statement at that time to introduce the 5 / 10 thresholds. 

Neighbourhood Plan (in AONB) pre-submission therefore included this government-imposed threshold in its draft policy on affordable housing.  Consultation run according to Reg 14

HIgh Court ruling issued this summer, Minsterial Statement declared unlawful, Inspector's report on Local Plan issued and allows them to revert back to the zero threshold option in their submission draft.

The main objective of the Neighbourhood Plan is delivery of affordable housing.  So it would make sense for them to 'drop' the threshold.  The question is - as there was no earlier consultation on a zero threshold as part of the Neighbourhood Plan, do they need to re-run their Reg 14 consultation before submission with this change included?  Would it be possible to avoid the delay and costs in re-running the 6 week consultation? 

Any advice appreciated!  Jo