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Court of Appeal Backs Government’s Small Sites Affordable Housing Exemption Policy

The Court of Appeal has today overturned Mr Justice Holgate’s decision in 2015 to quash the Government’s policy to exempt sites of 10 or fewer units from the requirement to provide affordable housing (with some exceptions). The decision presumably means that the Government’s policy is re-introduced with immediate effect. It is not clear at this stage whether this includes the reintroduction of the Vacant Building Credit. As of 11th May 2016 the Planning Practice Guidance had not yet been updated. It is possible that the decision coud be taken to the Supreme Court.

 

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