National policy changes on section 106 planning obligations from December 2014
In summary the changes are:
- Affordable housing and tariff style contributions are not required for sites of 10 units or less, and which have a maximum combined gross floor space of 1000 square metres.
- In National Parks and Areas of Outstanding Natural Beauty* affordable housing and tariff-style contributions should not be sought for lower threshold of 5 units or less.
- If a 5-unit threshold is implemented then payment of affordable housing and tariff-style contributions on developments of between 6 to 10 units should also be sought as a cash payment only and commuted until after completion of units within the development.
- The changes in national planning policy will not apply to Rural Exception Sites
that remain available to support the delivery of affordable homes for local people.
- A financial credit, equivalent to the existing gross floor space of any vacant buildings
brought back into any lawful use or demolished for re-development, should be
deducted from the calculation of any affordable housing contributions (except abandoned buildings).
- In all circumstances, affordable housing and tariff-style contributions should not be sought in relation to residential annexes and extensions.
*designated rural areas under section 157 of the Housing Act 1985.
This is a summary and should not be relied upon before taking professional advice on whether the changes are relevant or applicable to your specific circumstances. If you would like advice about a planning appeal or the renegotiation of a s106 planning obligation please contact Matt Gilks on 01962 624401.
