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No extension to challenge affordable housing on viability

Ministers have decided that it will not be possible to challenge affordable housing on viability via section 106 affordable housing obligations beyond the end of April.

A spokesman from the Department for Communities & Local Government has announced,

  • The provisions were introduced as a temporary measure aimed at unlocking sites which had stalled because the planning obligation to provide affordable housing had rendered the development scheme unviable. Councils and developers have a number of options beyond section 106 (BA-106BC) for re-negotiating affordable housing obligations.

At this stage, it seems that applications under section 106BA to challenge affordable housing provision can still be submitted to the relevant local planning authority until the end of April. However clarity on this, and whether any such application will still be considered, has not been forthcoming.

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