Affordable Housing Appeals – Latest DCLG Press Release
The Department for Communities and Local Government have announced that sections 106BA, 106BB and 106BC of the Town and Country Planning Act 1990 will not be extended past the end of the month. These sections will, therefore, be repealed on 30 April 2016.
The DCLG have advised that:
"Applications can still be submitted to the appropriate authority under section 106BA until the end of 30 April 2016. If an application is submitted before that date, and the local planning authority either does not agree with the developer’s revised proposal for affordable housing or does not determine the application, a subsequent appeal to the Secretary of State will generally still be considered, provided any procedural requirements are complied with."
The DCLG added:
“The National Planning Practice Guidance (planning obligations, paragraphs 9 and 11), and the section 106 affordable housing requirements (review and appeal) guidance will continue to apply to applications submitted before the end of 30 April 2016.
Local authorities and developers have other options for re-negotiating planning obligations related to affordable housing, including by mutual agreement or under section 106A of the Town and Country Planning Act 1990."
Despite this announcement, in the absence of transitional regulations, it remains advisable to seek legal advice about the submission of applications or appeals before the sunset clause takes effect.