William Eichler 28 September 2017

Developers avoid building 700 social homes in borough thanks to loophole

A legal loophole has allowed big developers in Kensington and Chelsea to avoid building over 700 social homes - enough to house those made homeless by the Grenfell fire.

New research by the homelessness charity Shelter has revealed that housing developers have exploited a legal loophole - called a ‘viability assessment’ - to avoid building 706 social homes in the London borough.

Housing developers win planning permission by promising to build a certain amount of affordable homes. However, the developers can use a ‘viability assessment’ to argue they are unable to build those homes because it would reduce their profit margins.

In Kensington and Chelsea, Shelter’s research found, the loophole has been used by developers to reduce the amount of affordable housing from the council’s policy target of 50% to only 15%.

This gap between the council’s target and what was eventually permitted is equivalent to 831 affordable homes, of which 706 would have been social homes.

‘At a time when we desperately need more affordable homes, big developers are allowed to prioritise their profits by building luxury housing while backtracking on their promises to build a fair share of affordable homes,’ Shelter chief executive, Polly Neate.

‘The government must make sure we treat affordable housing commitments as cast iron pledges, rather than optional extras, and act now to close the loophole that allows developers to wriggle out of building the affordable homes this country urgently needs.’

Responding to the findings, Cllr Elizabeth Campbell, leader of Kensington and Chelsea Council, said: 'Housing is a London-wide issue. All boroughs need to work together, and with developers, to ensure the capital has the right mix of housing.

'In places like Kensington and Chelsea, an independent viability report often results in the ability to build more homes, due to the sums of money developers have to pay instead of providing affordable housing on site.

'That said, we are getting tougher with developers to ensure that where affordable housing can be provided - it is. Grenfell has focussed everybody’s minds on the issue of housing and we want to find solutions.'

Devolution and putting place first image

Devolution and putting place first

The real lesson of Andy Burnham's Makerfield success, argues Dr Jonathan Carr-West, is that place – not personality – is the key to Britain's future.
SIGN UP
For your free daily news bulletin
Highways jobs

Group Leader Plans & Environment M200

Charnwood Borough Council
Grade MGT5 (SCP 146-149) £57,869 - £62,052 + £4,000 Annual Market Supplement until 13 March 2028 (pay award pending)
Charnwood is a vibrant and exciting borough with a population of 183,000 located between the three cities of Leicester, Nottingham and Derby. Charnwood
Recuriter: Charnwood Borough Council

Project Manager

Durham County Council
£50,269 to £54,495 p.a. (Grade 14) Pay Award Pending
An exciting opportunity has arisen for a Project Manager to join the Digital Programme and Communities team. If you have extensive experience in lead Durham
Recuriter: Durham County Council

Education Welfare Officer

Durham County Council
£28,142 - £31,022 pro rata
Required from September 2026 We are looking for an Education Welfare Officer to work with our pastoral team. The objective of the team is to ensure t Durham
Recuriter: Durham County Council

Cook

Durham County Council
£24,796 - £25,185 pro rata
Permenant, part time required from 1 Septmeber 2026 32.5 hrs per week. The Governors of Evergreen Primary School are delighted to invite applications Newton Aycliffe
Recuriter: Durham County Council

Specialist Support Interpreter

Durham County Council
Grade 6 - £28,142 - £31,022 hourly rate on a pro-rata basis (Pay Award Pending)
The ESOL department is a busy area of DurhamLearn (part of Durham County Council’s Education and Skills department) delivering a range of educational Durham
Recuriter: Durham County Council
Linkedin Banner