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Affordable Housing

January 3rd, 2017 by James Goudie KC

When a local planning policy obliges a developer to provide an element of affordable housing on sites in excess of stated thresholds, an issue may arise as to whether to aggregate two (or more) sites or whether two (or more) sites should be treated as forming part of a larger whole. Absent a definition of sites, the determination of such an issue relates to the application rather than the interpretation of policy, is a matter of planning judgment, and is challengeable only if irrelevant factors are taken into account or if an obviously relevant consideration is not taken into account or if the judgment is otherwise irrational: New Dawn Homes Ltd v SoS for CLG and Tewkesbury Borough Council [2016] EWHC 3314 (Admin), considering the Brandlord case.

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