Advice for developers, housebuilders and their agents on the requirements for, and delivery of, new affordable homes.
1. Affordable Housing Standing Advice Note
An Affordable Housing Standing Advice Note has been prepared drawing together in one place a wide range of information and advice about current policy and good practice in the provision of affordable housing.
2. Affordable Housing Statements
Planning applications for development to which an affordable housing requirement applies must be accompanied by an affordable housing statement (see Local List). Failure to do so could render the application invalid. Amongst other things, Section S5.1 of the Development Requirements Supplementary Planning Document contains the following requirement relevant to market-led (“S106") schemes. Such statements:
“Must include confirmation that the estate layout and detailed design of all dwellings proposed as affordable homes has been discussed with, and is considered satisfactory by, a named partner Registered Provider."
3. Model Affordable Housing Clauses
Working with our partners is central to our aim of building enough quality affordable homes to meet the needs of our district and its communities.
Many affordable homes on new housing schemes are built as a result of planning policies requiring them to be provided. In these cases, and also in the case of community-led schemes, developers are required to sign a legally-binding agreement to secure delivery of the required affordable homes and regulate their further occupancy. These legally-binding agreements are known as planning obligations or Section 106 Agreements.
We periodically publish templates containing appropriate model clauses for these Agreements in order to guide applicants, speed up the administrative process, and aid public understanding. These clauses will vary depending on the type and location of development.
Please see our index to identify the relevant template.
Further information about the Council's approach can be found in our Development Requirements SPD.
Our expectation is that the relevant model clauses will be used unless there are special circumstances justifying a different approach. The drafting of Agreements will normally be undertaken by the Council's legal services team, following instruction by the planning case officer.
4. Approvals required: Affordable Housing Specifications and Local Lettings Plans
The affordable housing provisions in most planning obligations (i.e. S106 agreements and Unilateral Undertakings) contain important requirements concerning, amongst other things, the need for the submission to, and approval by, the District Council of:
- An Affordable Housing Specification, prior to the commencement of development.
- A Local Lettings Plan, prior to the occupation of any affordable homes.
Further information on each is provided below.
5. Content of Affordable Housing Specifications
Where planning permission for a development has been granted subject to a planning obligation, the following information must be included in the required Affordable Housing Specification:
- Details of the development to which the Specification relates.
- The identity of the Registered Provider (termed the “Qualifying Developing Body") to whom the affordable homes are to be transferred in a contract.
- Arrangements for the local management of the affordable housing by the named Registered Provider.
- The location type, size, and tenure of each dwelling on the site (such as to meet the requirements concerning number, tenure etc. elsewhere in the obligation) including details of their gross internal floor area (in square metres).
- Details of any other land on the site (for example parking areas or open space) to be transferred to the named Registered Provider.
- The minimum standards to be achieved in the design, construction, and layout of the affordable housing.
- The intended timing of construction of both the affordable housing and open market housing and, where the development is to be undertaken in phases, the phasing timetable.
- The maximum estimated total monthly housing costs to tenants or purchasers of each affordable home on first occupation.
6. Content of Local Lettings Plans
Local Lettings Plan (“LLPs") facilitate the development and maintenance of balanced, cohesive, and sustainable communities.
- LLPs specify the arrangements and criteria for the nomination by the District Council or allocation by the relevant Registered Provider of tenants to any rented affordable homes within a scheme, subject to the over-riding terms of the relevant planning obligation.
- LLPs must be agreed by the relevant Registered Provider and the District Council after submission and approval of the required Affordable Housing Specification BUT prior to first occupation of any affordable homes within a scheme.
All enquiries relating to the preparation, submission, approval or variation of LLPs should be directed to the Housing Advice Manager.
7. Planning obligations: varying existing obligations
Exceptionally, where it may be necessary to vary an existing obligation, there is a special protocol for dealing with such requests.
If you are seeking to vary an existing obligation, please check that the local connection and nomination clauses are as per the model clauses.
8. Policy CS.18 Affordable Housing Thresholds Position Statement
In July 2018 the Government published a revised version of its National Planning Policy Framework (NPPF) (subsequently amended) setting out new national policy on thresholds for the provision of affordable housing.
To assist with clarity and for the avoidance of doubt, the Council produced a Position Statement in September 2019 in respect of the requirement for affordable housing under Core Strategy Policy CS.18.
9. Find Out More
Further information about our work can be found via the links below:
