Further to our post on this back in March, the decision of the Court of Appeal has been handed down, and the Government has succeeded in its challenge.
The decision can be found here:
We now understand that the 2014 Ministerial Statement is reinstated, but we are still waiting for Government to re-insert the relevant text into the Planning Practice Guidance. The Government has issued a press release strongly criticising the councils but it isn’t yet clear if the councils (West Berkshire and Reading) will be able to challenge any further through the Supreme Court.
However, it would seem that the 10 dwelling (1000 square metre) national affordable housing threshold is now back, and along with it the vacant building credit.
We will update this page in due course once more information becomes available.