Clarification of the proper approach to social housing relief from the Community Infrastructure Levy (Stonewater v Wealden District Council)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Planning analysis: The claimant, a leading provider of social housing, sought to challenge District Council’s (the Council) refusal of its application for social housing relief under the Community Infrastructure Levy Regulations 2010 (CIL Regulations) in respect of a development of 169 units. The claimant argued that the levy, which totaled over £3m, rendered the scheme unviable. Mrs Justice Thornton held that on a proper construction of the claimant’s obligations, precisely 35% of the units in the development were required to be affordable. On this basis, the Council was entitled to refuse the application for relief; to grant it would have ‘prejudged’ the exercise of its separate discretion to agree to vary the proportion of the units which were to be affordable. Written by Siân McGibbon, barrister at 4-5 Gray’s Inn Square Chambers.