Oldham developer wins appeal against affordable housing contribution
Published by Brian Church for 24dash.com in Housing
A developer of a housing scheme in Oldham won’t have to make a £283,000 contribution towards affordable housing after a planning inspector allowed an appeal because it was no longer economically viable to make the contribution, law firm Pinsent Masons’ Out-Law.com has reported.
The website said Oldham Metropolitan Borough Council granted planning permission to developer Tamewater Developments Limited in 2008 for a 46-home scheme at Dobcross in Oldham. Under the permission, Tamewater was obliged to make four instalments of payments to the council in lieu of the provision of affordable housing.
The developer had already made the first payment of £100,000 but applied to have the remaining contributions removed under provisions introduced by the Growth and Infrastructure Act 2013. These provisions allow for applications to be made to vary affordable housing requirements contained in a planning obligation if those requirements make the scheme unviable.
The inspector accepted in the decision notice that Tamewater had shown the development is currently economically unviable.
"The inspector said that, even if all the outstanding affordable housing contributions were removed, the scheme would not return to full economic viability. It would however allow the developer to cover his losses and allow the scheme to be fitted out and completed," Out-Law.com said.
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