HBA comment on the right to appeal the affordable homes threshold ruling
The High Court struck down planning policy guidance in July 2015, which exempted development of less than ten homes from the requirement to contribute to affordable housing.
Mr Justice Holgate motivated the decision by mentioning that such guidance was incompatible with the Planning and Compulsory Purchase Act. The government granted the Department for Communities and Local Government (DCLG) permission to appeal this ruling mentioning its “disproportionate impact on smaller builders who are important in providing homes for local communities.”
The High Court’s ruling came in response to a joint legal challenge launched by Reading Borough Council and Berkshire District Council and caused the removal of several paragraphs from the National Planning Policy Framework (NPPF), which included both the small sites exemption and the vacant building credit.
The House Builders Association (HBA) continues to believe that the small sites exemption policy is crucial to ensuring SME developers compete on a more level playing field with larger companies. Rico Wojtulewicz, policy advisor for the HBA, stated: “We appreciate that the government allowed for an appeal on this sensitive matter. The ruling did not fully take into account the several challenges faced by SME house builders.” Wojtulewicz also added: “We restate the importance of local authorities working alongside SME developers to achieve what we all want, which is more homes.”
