Affordable Housing & Planning Law - Key Issues, Pitfalls & Best Practice

Introduction

As the demand for affordable housing continues to outpace supply across the UK, developers, local authorities, and legal practitioners are under increasing pressure to navigate the complex planning frameworks that govern its delivery.

Central to this landscape is the use of Section 106 agreements. But getting these agreements right is both an art and a science, especially given evolving policy, housing need assessments, and legal requirements.

This virtual classroom seminar will provide a comprehensive overview of affordable housing provision through planning gain, including how to align with national and local policy, choose appropriate tenure types, and draft watertight Section 106 provisions that anticipate real-world pitfalls.

Whether you are clarifying parties to the agreement, drafting for mortgagee protection, or responding to shifting viability, this session will help you navigate each step with confidence.

What You Will Learn

This live and interactive course will cover the following:

• Provision of affordable housing as part of the planning gain - national and local planning policy
• Housing need and how what is being sought relates to the council's policy requirements and housing need survey
• Types of affordable housing tenure
• Introduction to section 106 agreements
• Avoiding common pitfalls and areas of danger in section 106 drafting on affordable housing
• Parties to section 106 agreements - who needs to be bound and should an RP be bound
• Adhering to the head of terms in the committee report
• Converting affordable housing tenure types into section 106 drafting
• Allocations agreements and local connection requirements
• Implications of affordable housing type on site value
• Implications of affordable housing type on deliverability
• Drafting to accommodate mortgagees: mortgagee exclusions and mortgagees in possession
• Drafting to releases from affordable housing requirements for certain individuals
• Drafting to accommodate Designated Protection Areas
• Drafting cascade provisions in the event there is no demand for the council's requirements from Registered Providers
• Additionality: Drafting to manage prohibitions on the use of public subsidy, including drafting for grant funding for 100% affordable sites
• Amending section 106 agreements through section 106A: process, evidence and practice, and appeal options
• Making a viability argument to amend a section 106
• Forthcoming changes to affordable housing delivery

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.