11th May 2016
The Government today won its Court of Appeal case on affordable housing exemptions for small sites.
The long-awaited judgment follows the Secretary of State's appeal against the judgment of Holgate J that quashed the National Planning Practice Guidance (NPPG) affordable housing exemption for small sites of 10 units or less.
Stuart Crickett, a WYG Associate Director, said: “This is good news for small sites developers. The latest judgment is clearly positive in its consequences. The quashing of the former policies now has no effect and the Government can once again amend the NPPG to bring them back into force, whether exactly the same or perhaps in a slightly amended form, as soon as it wants.”
He added: “The Government has always stated its intention to reintroduce the Small Sites Exemption and has even provided a statutory ‘hook’ to do so in the Housing and Planning Bill in case the appeal failed. “
It now is a matter of when the policies will be re-introduced, rather than if and we will be keeping a careful eye on what happens next. Watch this space for further commentary.
You can download the judgment here