Affordable Housing and the Written Ministerial Statement (WMS)

In May 2016, Planning Potential documented the Court of Appeal Judgement to exempt small sites from affordable housing contributions – see original article.

The WMS has been put in the limelight again this month as Inspectors have taken different views on whether or not national policy overrules local policy. Two decisions were issued in the same local authority either side of the New Year: one Inspector concluding that the WMS does not outweigh local policy, which is supported by a viability assessment and allows for specific circumstances. The other Inspector concluded that the WMS should always apply.

This is not the first time appeal decisions have taken different stances on the WMS, with numerous examples of conflicting decisions being issued. Local Planning Authorities have now written to PINS seeking definitive guidance on whether a local policy seeking affordable housing contributions from small developers can be overridden by a WMS. Whether or not PINS comment or take action on the ongoing debacle with respect to the Local Plan vs WMS remains to be seen…