Late on on Friday 31July West Berkshire and Reading Councils successfully challenged changes to the NPPG (England) which had been previously revised by the Written Ministerial Statement of 28 November 2014. We had previously commented on this change.
The Government is required to change the NPPG and it placed the following on the NPPG website late on Friday.
Please note that paragraphs 012-023 of the guidance on planning obligations will be removed following the judgment in R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).
The effect of this change will become clear very quickly. In the immediate term we expect LPA's to revert to previously adopted affordable housing and planning obligation tariff positions. These will again need to be factored into viability and delivery of small-scale proposals.
A spokesman for the Dept for Communities and Local Government (DeClog) states: "We’ve got Britain building and we’re determined to maintain this momentum, including by reducing the red tape and extra costs that prevent smaller developments from getting built.
"We are disappointed by the outcome of the judgement and will be seeking permission to appeal against the judge’s decision. This will have a disproportionate impact on smaller builders who are important in providing homes for local communities."
We will update further as things become clearer.
"We are disappointed by the outcome of the judgement and will be seeking permission to appeal against the judge’s decision. This will have a disproportionate impact on smaller builders who are important in providing homes for local communities."
We will update further as things become clearer.
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