Developers in Fenland must continue to provide social housing on small developments, High Court rules

Cllr John Clark. Picture: Steve Williams.

Cllr John Clark. Picture: Steve Williams. - Credit: Archant

Developers must continue to provide social housing on small developments in Fenland following a High Court ruling.

This is after the Government’s attempt to allow small developments of less than 11 units to go ahead without any element of affordable housing was quashed in the High Court.

The ruling means the amount of affordable housing developers will be asked to provide in Fenland will remain at 20 per cent of homes on sites of between five and nine homes and 25 per cent on those of 10 or more.

Councillor John Clark, FDC’s leader, said: “The judge’s ruling is very welcome in clarifying the situation for all concerned. The ministerial statement confused matters and led to significant debate about the proper level of affordable housing that could be sought.

“Ministers had made it clear that they did not want any development scheme below 11 units to be required to include any affordable housing. But the interpretation of their statement varied considerably.


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“Ministers and many MPs gave the impression that their statement was sufficient to justify an almost automatic over-ride of any Local Plan policy. Not surprisingly, developers and agents interpreted it in the same way.

“We took a different view. This ruling clearly demonstrates that we were right.”

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