On 11 May 2016, the Court of Appeal handed down its judgment in the “West Berkshire” case concerning whether or not the Government’s policy of exempting developments of under 10 Units (or 1000sqm) from affordable housing obligations is lawful.

The Court of Appeal found that the policy is lawful. 

This is good news for small housebuilders (who build a not insignificant proportion of homes) but not so good for Councils who are required to ensure that a certain number of affordable homes are constructed within their administrative area.

We will provide analysis of the case in due course but if you require further information on this case, please contact either Ben Arrowsmith or Pritpal Singh-Swarn, Solicitors in the firm’s Planning Team.”

About the author

Pritpal Singh Swarn Solicitor

Pritpal is a planning lawyer and deals with all planning, highways and environmental law matters and related local government law issues.