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Opinion: Small developments exempt from Section 106

17th May 2016

By Anne Dobie, Partner, Linder Myers Solicitors. The Court of Appeal made a landmark judgement, upholding the government’s decision to exempt developments of 10 houses or fewer from Section 106 of the Town and Country Planning Act. The original policy, which was introduced in 2014, was established to ensure the burden of affordable housing contributions did not fall on small-scale developers, including self-builders. The latest decision upholds this policy, and means that local authoriti...

SME house builders boosted by Section 106 ruling

12th May 2016

The Federation of Master Builders (FMB) has welcomed the decision to waive affordable housing requirements for small developments. Brian Berry, chief executive of the FMB, praised the ruling, commenting: “We welcome the Appeal Court’s decision to confirm the government’s right to waive Section 106 affordable housing contributions for sites of ten units or fewer. “It’s widely recognised that if we are to tackle the long-term undersupply of new homes in this country,...

Consortuim heralds victory on affordable rural homes

12th April 2016

A consortium of peers and rural housing groups have safeguarded types of development in rural communities. Legislation to force local authorities to require the construction of Starter Homes, rather than affordable housing, in rural areas will not go ahead following opposition from the consortium – consisting of the CLA, the Campaign to Protect Rural England (CPRE) and Hastoe Housing Group.  The consortium had set out concerns that plans to impose starter homes on rural areas would pu...