Appealing Affordable Housing Requirements: Making Development Viable

One of the biggest financial burdens on development is the requirement to provide affordable housing.  We look at a recent example of an appeal lodged to reduce the affordable housing required in order to unlock development.

Rules introduced in 2013 allow those with an interest in land to submit an application to the local planning authority seeking the reduction or removal of affordable housing requirements contained in section 106 obligations.  On the first of any such applications, the authority must deal with it so as to make the development economically viable. If the application is refused or not determined, an appeal can be submitted to the Planning Inspectorate.

In September 2014, an Inspector allowed an appeal to reduce the affordable housing requirement for two outline permissions for development in Lydney, Gloucestershire, including up to 1,082 dwellings, employment and a neighbourhood centre.  The section 106 agreements required 20% and 30% affordable