West Berkshire Council legal move over planning changes

WEST Berkshire Council is to take on the Government over changes to the planning policy that could see it out of pocket on new developments.

The district council has teamed up with neighbouring Reading Borough Council and applied to the High Court for a judicial review on proposals to limit the use of Section 106 agreements between councils and developers.

Currently Section 106 agreements enable planning authorities to seek contributions from developers to mitigate the harm of developments on local infrastructure, such as highways and education and to provide affordable housing.

But the changes put forward by the Secretary of State for Communities and Local Government, Eric Pickles, will restrict the use of Section 106 to developments of 10 dwellings and above in urban areas, and five dwellings and above in rural areas.

West Berkshire’s executive for planning, Hilary Cole (Con, Chievelely), said: “The decision to legally challenge the Government on this issue was not taken lightly.

“However, given the fact that the immediate impact of their announcement is the potential total loss of critical infrastructure and new affordable housing to the communities around small developments, there was no alternative but to take action.

“By joining with Reading we are demonstrating a cross-party concern.

“West Berkshire and Reading are not alone in challenging this amendment.

“Other councils are also looking to take group action in order to protect the interests of their residents.”

When the changes were announced last year, Mr Pickles said that the current system had undermined the building industry, cut jobs and forced up the cost of housing.

“By getting rid of these five- and six-figure charges, we will build more homes and help provide more low-cost and market housing,” he said.

But the MP for Newbury, Richard Benyon, disagreed with his Conservative colleague and said the Government had missed a trick.

“I think West Berkshire put a very good plan for developers contributions in place and I think it’s a pity that the Government are introducing a national scheme that is going to make it harder for workable local arrangements, such as West Berkshire had, to continue.

“Other local authorities have not developed their own scheme and are now required to on a national scheme, which penalises good local authorities like West Berkshire that have introduced their own bespoke development contribution scheme and have run it successfully in the past.”

Reading Borough Council’s lead member for strategic environment, planning and transport, Tony Page, said: “These changes would amount to pure profit for landowners and developers at the expense of people looking for affordable places to live.

“At a time when policy should be moving towards creating more affordable housing, this is yet another slap in the face for residents.

“Similarly, the removal of the ability of local councils to request a financial contribution from developers for developments of fewer than 10 properties for things like improvements to local roads, schools and playgrounds is going to have a significant effect.”