Development and management

This subtopic sets out the main issues to be reconciled both prior to development of Social Housing projects and in the management phase.

Background

There are a number of different mechanisms for achieving social housing. This subtopic covers issues to be resolved between private developers, local authorities and registered social providers to achieve their individual objectives in developments that are exclusively or partially providing social housing alongside commercial usage.

This can be challenging and may involve quite detailed negotiation, eg a private developer may not be able to implement a planning permission or, allow occupation of private housing before transferring a portion of a site to a registered provider for social housing purposes. Once concluded, the agreement is usually documented in a planning agreement made with the local authority. For further guidance, see Practice Notes: Affordable Housing, The statutory test for section 106 agreements and interaction with Community Infrastructure Levy (CIL) and Planning obligations—key points.

Structuring mixed use schemes

In any mixed use development,

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Latest Local Government News

Local Government weekly highlights—7 August 2025

This week's edition of Local Government weekly highlights includes: case analysis of Cetin v Epping Forest DC, in which the UT found that a residential letting agent instructed on a ‘let only’ basis to let a room in an HMO and no further involvement after the first instalment of rent on the day of letting is not a ‘person managing’ the HMO under section 263(3) of the Housing Act 2004. Case reports include R (Anisa Begum) v LBTH Shelter, in which the Court of Appeal rejected an indirect discrimination claim over temporary housing allocation; Abdelrahman v Mayor and Burgesses of LB of Islington, in which the Court of Appeal upheld the council’s succession policy finding its interpretation of ‘stepchild’ valid and ECHR compliant; Westminster CC v Gems House Residences Chiltern Street Ltd, in which the court found that Westminster CC was not entitled to enforce an affordable housing covenant and A & E Baines v North Yorkshire CC, in which the High Court upheld the lawfulness of the council’s consultation and decision-making process for four TRO’s in the Harrogate Station Gateway Scheme. It also includes coverage of updates to the Affordable Homes Programme 2021–2026 guidance, reflecting a new £1.2bn bridge fund allocation; the introduction of new legal duties for English universities to promote academic freedom and protect free speech, enforceable by the OfS from 1 August 2025; the DfE improvement notice issued to Reading Borough Council following Ofsted’s findings of weaknesses in multi-agency support for children affected by domestic abuse and CQC enforcement action against seven adult social care providers. It includes further updates on Social housing, Education, Children’s social care, Social care and Environmental law and climate change.

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