The Court of Appeal ruled yesterday that the Small Sites Exemption is lawful overruling the previous High Court decision. This exemption excludes schemes of 10 units (or 1,000 sq m) or less from the affordable housing provision.
The judgment leaves the way clear (subject to any challenge to the Supreme Court) for the Government to reintroduce the exemptions. This is great news for developers of small schemes where it has been difficult to comply with the affordable housing requirements.
There remains uncertainty regarding its implementation and we will keep you informed.
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