In a “landmark” judgement 31st July 2015, West Berkshire District Council and Reading Borough Council successfully challenged through Judicial Review in the High Court, the Minister of State for Housing and Planning’s Written Ministerial Statement (WMS).
The WMS, introduced on 28 November 2014, sought to end a council’s ability to seek affordable housing and/or affordable housing contributions as a planning obligation on sites of 10 or less homes (or five homes and less in designated rural areas).
The WMS and changes made to the National Planning Policy Guidance were declared to be unlawful and as a result have already been withdrawn.
As I wrote in a previous article, this is essential for the delivery of affordable housing in Shropshire. Shropshire Council provided a detailed evidenced response of the impacts to the original consultation exercise in March 2014, as well as providing a subsequent evidenced formal witness statement in support of this Judicial Review and which was referenced to in the judgement.