Housing and Planning

Categories: Real Estate

Delivering an adequate housing supply has never been easy, and it is a constant issue on the agenda for all political parties. The planning system plays a key part, and there has been a dominant “planning is the problem” narrative in this context. Local authorities and developers often argue over the level of affordable housing required as part of planning applications, as well as over suitable affordable housing review mechanisms. These requirements are based in planning policy, and courts can be reluctant to get involved on the basis that it is the responsibility of local authorities to assess housing need. National planning policy and guidance does not dictate how local authorities identify housing need, which makes the scope of reasonable and lawful planning judgement broad (and thus harder to challenge by developers).

Howard Kennedy LLP