improving the forecasting of AH requirementsimproving definitions of affordability used by local authoritiesreviewing procedures for LAs and developers in choosing the registered social landlord (RSL) partners for AH schemesreviewing the scope of s106 agr

Dec. 1, 2001
<b></b>A legal challenge by a group of housebuilders against Oxford council&amp;’s use of supplementary planning guidance to increase the amount of social housing required on new developments has been quashed by the High Court.<br>The decision effectively gives the green light to councils to increase social housing requirements through guidance, as Oxford council has from 20% to 30%. <p></p><p>Defeated industry representatives, including HBF, Bellway Homes and JA Pye, are appealing against the decision.</p><p>The case was based on the argument that the council had changed its policy of seeking a &amp;“minimum of 20% affordable housing&amp;” to &amp;“generally requiring 30% affordable housing&amp;”. Such a change, it was argued, should be taken through the statutory process of a local plan review.</p><p>But the judge concluded that there must be a mechanism for allowing councils to publish and consult on emerging policy prior to adoption in a local plan. He drew on PPG1 which indicates how the weight to be given to emerging policy increases as successive stages of the plan process are reached. </p><p>It is not, concluded the judge, a matter for the law courts to determine the weight to be given to emerging policy but a function of the appeal procedure under the Town …

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