William Eichler 12 May 2016

Court upholds Whitehall’s affordable housing contributions plans

A court has ruled in favour of the Government’s small sites affordable housing contributions policy.

The policy was introduced in November 2014 and was designed to ensure the burden of affordable housing contributions did not fall on small-scale developers, and custom- and self-builders.

It created a national threshold of ten units or fewer beneath which affordable housing contributions should not be sought.

West Berkshire District and Reading Borough councils brought legal proceedings against the Government to challenge the policy, but the Court of Appeal ruled against them.

Housing minister Brandon Lewis, who described the court case as ‘a total waste of taxpayers’ money’, welcomed the decision.

Mr Lewis said: ‘We’re committed to building more homes, including record numbers of affordable homes – key to this is removing unnecessary red tape and bureaucracy that prevents builders getting on sites in the first place.

‘Today’s judgment by the Court of Appeal restores common sense to the system, and ensures that those builders developing smaller sites – including self-builders - don’t face costs that could stop them from building any homes at all.

‘This will now mean that builders developing sites of fewer than 10 homes will no longer have to make an affordable homes contribution that should instead fall to those building much larger developments.’

‘This case was a total waste of taxpayers’ money and the uncertainty the case created amongst housebuilders stalled new development from coming through,’ he added.

Responding to the court’s decision, a spokesperson for the councils said: ‘West Berkshire and Reading Council’s are naturally disappointed by this result.

‘We are reviewing this verdict and currently considering our options as a matter of priority with regard to appeal. Until such time as we have determined how we intend to proceed, it would not be appropriate to comment further.’

LocalGov Weekly Round Up image

LocalGov Weekly Round Up

William Eichler, editor of LocalGov.co.uk, reflects on the stories that captured readers’ attention this week.
SIGN UP
For your free daily news bulletin
Highways jobs

Adults Social Worker - Learning Disability & Autism

Essex County Council
£37185 - £50081 per annum + Flexible Working, Hybrid Working
Interviews will be held in person on 9th April 2026.We welcome applications from Experienced and Newly Qualified Social Worker's (NQSW's). The starti England, Essex, Colchester
Recuriter: Essex County Council

Director of Housing

Salford City Council
up to £107k
Salford as a place to live, work, invest and visit, and Salford is being rebuilt. Salford, Greater Manchester
Recuriter: Salford City Council

Tutor

Essex County Council
£29377.00 - £30377.00 per annum
TutorPermanent, Part Time£29,377 to £30,377 per annumLocation
Recuriter: Essex County Council

SEND Engagement Facilitator

Essex County Council
£25821.00 - £30377.00 per annum
SEND Engagement FacilitatorFixed Term, Full Time£25,821 to £30,377 per annumLocation
Recuriter: Essex County Council

Finance Administrator Banking WMF2726

Westmorland and Furness Council
£26,403.00 - £26,824.00
They will be working in a fast-paced environment with changing priorities so will need to be adaptable. Cumbria / Various
Recuriter: Westmorland and Furness Council
Linkedin Banner