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Government Affordable Housing Policy and Vacant Building Credit policy quashed

DATE: 31 Jul 2015

West Berkshire Council and Reading District Council v SoS for Communities and Local Govt [2015] EWHC 2222 (Admin); [2016] PTSR 215; [2015] BLGR 884; [2016] JPL 35

On 31st July 2015, the High Court (Holgate J) quashed the Government changes to: (1)  affordable housing policy purporting to exempt developments of 10 units or less from the requirement to make contributions to affordable housing or tariff based contributions and (2) the vacant building credit under which developers were to be given credit for existing floorspace in any calculation of affordable housing contributions. 

There are potentially major implications for all current applications and appeals for housing sites of 10 units or less (where affordable housing or tariff based contributions are in issue) and section 106 obligations for all residential redevelopment sites.

David Forsdick QC and Alistair Mills appeared for the Claimants; 

Richard Drabble QC and David Blundell appeared for the Secretary of State.