Section 106 affordable housing requirements: review and appeal

Guidance on changes to Section 106 under the Growth and Infrastructure Act 2013.



The ‘Growth and Infrastructure Act 2013’ inserts new sections 106BA, BB and BC into the ‘Town and Country Planning Act 1990’ to introduce a new application and appeal procedure, to review affordable housing obligations on the grounds of viability. The guidance provides information for applicants and local authorities on the purpose and scope of this measure. Annex B sets out procedures for applications to the local planning authority (under section 106BA) and for appeals to the Planning Inspectorate (under section 106BC).

Sections 106BA, 106BB and 106BC of the Town and Country Planning Act 1990 sunset at the end of April 2016.

Applications can be submitted to the appropriate authority under section 106BA until the end of 30 April 2016. For applications submitted under Section 106BA before the end of 30 April 2016, a subsequent appeal to the Secretary of State will generally still be considered, provided any procedural requirements are complied with.