20 March 2017 by Court reporter , 

A judge has quashed a North Yorkshire local authority's interim policy for affordable housing contributions, including its policy relating to affordable housing contributions for small sites, but has recognised the difficulties facing councils 'assailed by constant changes in the legislative regime and national policy'.

Last year, Craven District Council adopted a document entitled Negotiating Affordable Housing Contributions August 2016 which included its response to a change in government policy designed to relieve the burden of affordable housing provision on small-scale developers.

It set out that financial contributions towards affordable housing would be sought from from developers of six-10 homes in designated rural areas.

Contributions would also be sought in respect of developers of fewer than six homes, but only where combined floor areas exceeded 1,000 square metres.

Local landowner, Skipton Properties Limited, challenged the document on the basis that the council was required to go through all the procedures involved in formally adopting it as a development plan document, or as a supplementary planning document.

In upholding those arguments, and quashing the document, Mr Justice Jay, found that it clearly contained development management policies that would regulate applications for planning permission.

The judge's ruling said that the interim document explained that the council's approach "which is not a development plan policy" would be "used as a stop-gap measure, by planning and housing officers, until an affordable housing policy has been prepared as part of the new local plan". 

A raft of procedural requirements had to carried out before it could be formally adopted as a development plan document, the judge ruled, and these had not been met. 

Noting that the underlying regulatory regime was in need of reform, the judge said: "I am not oblivious to the practical difficulties facing local planning authorities assailed by constant changes in the legislative regime and national policy.

"However, a local planning authority is required to keep its local plans under review" and the "correct course" was for the council to "press on with the timeous preparation of up-to-date local plans" that would thereafter provide a benchmark for affordable housing contributions.

R on the Application of Skipton Properties Limited v Craven District Council. Case Number: CO/5521/2016