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Temporary appeal mechanism to end this month

Words: Laura Edgar
Steve Quartermain

The government has announced that it will not extend a temporary appeal mechanism allowing developers to challenge affordable housing obligations agreed under Section 106 obligations beyond April 2016.

The temporary mechanism allows the obligations for affordable housing to be challenged if they are claimed to make schemes unviable.

In his first newsletter since October 2015, after returning from an interim role as chief executive of the Planning Inspectorate, Steve Quartermain, chief planner at the Department for Communities and Local Government, wrote: “Ministers have now decided not to extend sections 106BA, 106BB and 106BC of the Town and Country Planning Act 1990, requiring authorities to renegotiate unviable affordable housing requirements, and providing an appeal mechanism for this. These sections will therefore be repealed at the end of April 2016.”

Quartermain explained that applications could be submitted to the appropriate authority under each section 106BA until the end of April.

If an application is submitted before that date a subsequent appeal to the secretary of state will “generally still be considered”.

The full newsletter can be found here (pdf).