Councils win affordable housing court case

The two councils joined forces to block plans that would allow new developments of under 10 homes to be exempt from Section 106 agreements that allow affordable housing quotas to be imposed by local authorities.

A High Court judge found in favour of the councils, who successfully argued that the proposals would impact local authorities’ ability to ask developers to provide affordable housing and infrastructure.

The Department for Communities and Local Government (DCLG) has said it is disappointed by the judgement and will  try to overturn the the decision, as the new legislation was designed to remove red tape and reduce the costs that prevent smaller developments from going ahead.

Alan Law, West Berkshire's executive member for planning said: “The judgement handed down today confirms that the council were fully justified in challenging this policy change in order to deliver much needed affordable housing and safeguard funding for critical infrastructure such as education.”

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