England: So it seems West Berkshire and Reading Borough Councils have taken the plunge and applied to the High Court for a Judicial Review of the Government’s new 10-unit affordable housing threshold policy introduced at the end of November (see our report on that policy here).
We don’t have details of the grounds for the challenge but it would seem at least reasonably likely that the troublesome two will be granted leave to a full hearing. If this were the case it would result in several months of uncertainty pending the outcome of the case which could quash the Government’s decision to make the policy changes to the Planning Policy Guidance (NPPG).
Until then the policy will continue to be applied as before. It is perhaps a good enough reason to avoid delaying bringing forward any sites where the new policy has removed Section 106 liabilities, just in case things do end up switching back to where they were before.
If you need a reminder about the new policy we have produced a short Briefing Note which can be downloaded now from our Intelligence page. If you have any queries on this at all then call Dan Wilden on 07984 804109 or email email@example.com.