The Court of Appeal has backed government guidance to exempt small development schemes from the need to have affordable housing included in them.
Chapman Lily Planning have previously reported that the appeal by Reading Borough Council and West Berkshire District Council against the government policy to exempt small sites (10 homes or fewer) from affordable housing obligations, introduced in a ministerial statement in November 2014 had succeeded. In July 2015 Mr Justice Holgate backed their arguments and quashed the policy
However, we understand that today’s judgement has overturned the High Court ruling. Lord Dyson and two other Lords Justices upheld the appeal brought by the government, and reversed Mr Justice Holgate’s decision to quash the policy.
There is still the possibility the matter could go to the Supreme Court for a further appeal and challenge the decision.
We will publish a further update on this matter as further information becomes available.
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