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Affordable Housing Decision Overturned


For areas that have not yet had CIL implemented this is a window of opportunity

Nicola Palfrey

The Court of Appeal has recently overturned a case relating to the affordable housing provision in England.

This has opened up an opportunity for small scale or self-build developers, where projects were unviable due to the considerable affordable housing contributions required.

Planning Practice Guidance now states “contributions should not be sought from developments of 10 units or less, and which have a maximum combined gross floor space of no more than 1,000m2”. Or “in designated rural areas, local planning authorities may choose to apply a lower threshold of 5-units or less”.

However if the Community Infrastructure Levy (CIL) has been introduced in your area, this is still applicable. The CIL is a planning charge and the basis of charging is set out by each individual Local Planning Authority.

Nicola Palfrey of Humbert Rural Team highlights “for areas that have not yet had CIL implemented, for example Mendip or North Devon, this is a window of opportunity”.

To discuss your specific project in more detail, please do not hesitate to contact Nicola on 01823 331 234.

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