Courts – Affordble Housing SPG unlawful because it should have been a DPD

The Queen on the application of Skipton Properties and Craven District Council

Although the case is unusual in that the district had not saved its affordable housing policy the logic applies to all SPG which set affordable housing thresholds or %.  The effect is to reassert the Great Portland V Westminster principle which applied prior to the DP regs under the pre 2004 regime.

the correct analysis is that the NAHC 2016 contains statements in the nature of policies which pertain to the development and use of land which the Defendant wishes to encourage, pending its adoption of a new local plan which will include an affordable housing policy. The development and use of land is either “residential development including affordable housing” or “affordable housing”. It is an interim policy in the nature of a DPD. It should have been consulted on; an SEA should have been carried out; it should have been submitted to the Secretary of State for independent examination.

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