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Small site Affordable Housing Exemption Reinstated.

Published: 25.05.16

The Department for Communities and Local Government has won its appeal for the rThe uling stating that the policy for affordable housing requirements for small-scale development was unlawful. The challenge was upheld on all four grounds as follows:

  • The policy was inconsistent with the statutory planning regime.
  • The secretary of state had failed to take into account necessary material considerations.
  • The secretary of state‚Äôs consultation upon the proposals was legally inadequate.
  • The secretary of state has failed to properly assess the impact of the proposal upon persons with protect characteristics: Equality Act 2010 s. 149.

It is understood that the West Bershire Councl and Reading Borough Council are considering to mount an appeal against the latest verdict. They have 28 days to do so.

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