<b><b>Joshua Risso-Gill of law firm Denton Wilde Sapte looks at the implications of an important ruling in the High Court last month</b></b><br><b>So, you are assessing the development costs of what looks to be a cracking housing site which you have assembled in a town centre. The planning brief says its policy compliant and, even better, its part of a mixed scheme with retail and leisure uses and so will attract a high transport sustainability score - right in line with government policy.</b><br><b><b>Clean up costs</b></b><br> On the down side, part of the site there are significant decontamination costs, but these costs might be off-set because the site is an eyesore which the local planning authority (LPA) wants to clean up. So some of the potential s106 benefits - not least the provision of affordable housing - might be reduced or waived altogether.<p></p><p>To find out the &amp;“damage&amp;” on the affordable housing provision you assess the local plan policies. If the site will exceed the Circular 6/98 thresholds, then you will expect additional development costs either in affordable housing provision or through financial contributions. But how much?</p><p>You are in luck: the local plan affordable housing policies talk about a 20% provision on sites …