The Fight For Affordable Homes

A year on from the introduction of S106BA, which allows developers to apply to Councils to modify affordable housing obligations on viability grounds, there have been seven appeals to the Secretary of State pursuant to S106 BC of the Town and Country Planning Act 1990.  How does that help to solve the UK's housing crisis?

Of the seven appeals only 1 has been dismissed.  The others have been permitted with the original affordable housing requirement being reduced for a three-year period.  The appeal decisions demonstrate the Secretary of State's mandate to maintain momentum in the delivery of housing even though the sacrificial lamb is affordable housing. Even in the one appeal which was refused, the Inspector acknowledged the national need to boost housing delivery, but concluded that, as the developer had an outline permission, it was premature to base a viability assessment on a scheme where the final development could be different to that assessed.