Losing Low-Cost Homes - Five Things We've Learned

The initial wave of appeal decisions under a government regime that allows developers to challenge affordable housing obligations contains some pointers on how the system is shaping up.

Affordable housing is under pressure as grant funding, planning policy and land values pull in different directions. Planning obligations under section 106 of the Town and Country Planning Act 1990 are often wrongly seen as a safer bet than conditions to secure essential affordable provision. To date, obligations have given planning authorities more control; they must no longer serve a "useful planning purpose" and until recently could not be appealed for at least five years.

However, legislative changes introduced via the Growth and Infrastructure Act 2013 are now making their presence felt. The new section 106BA, which gives developers a right to ask councils to review housing obligations, and section 106BC, which gives developers a right to appeal against review outcomes, came