A Devon construction site

Torridge council welcome tougher rules to hold developers accountable

Developers claim affordable housing isn’t "viable" – Torridge council says NOT anymore

by · DevonLive

Planning reforms which are expected to allow district councils to get tougher on developers have been welcomed in Torridge.

Councillors want to be able to challenge housing firms when they say they can't deliver affordable homes because it's not viable for them.

Speaking at Torridge District Council's overview and scrutiny committee Cllr Wendy Lo-Vel (Green, Northam ) said it is "appalling" that the authority had no control over the homes built after planning consent is granted.

Companies are expected to provide 30 per cent affordable housing on developments of more than 10 homes as a condition of planning permission.

But developers can apply to vary or remove the condition if they can prove that developing the site won't be profitable.

Although local authorities can refuse the application, they are often concerned about the cost of appealing and the time it would take.

Torridge's planning manager Helen Smith said the 85 affordable homes provided in 2023/24 was an "arbitrary figure" based on 30 per cent of properties given planning permission being classed as affordable.

Critics argue that some developers rely on financial viability assessments to justify going against planning policies and to limit their contributions to infrastructure and affordable housing.

Cllr Claire Hodson (Ind, Westward Ho!), lead member for homelessness and housing need, said: "I share Cllr Lo-Vel's disappointment. It is one thing that has vexed me for all the time I have been a councillor.

"The new government proposes to empower district councils to be much more rigorous. How we do that is yet to be determined and what abilities we will have."

She said there are cases where applications had gone to appeal and it was concluded that developers had paid too much for the site, it was their fault and the appeal wasn't upheld.

Cllr Doug Smith (Lib Dem, Great Torrington) said large firms are being well advised. "When it comes to it they say they have got the figures wrong and we have to back down and allow it."

He said some sites were only granted permission was because of the promise of affordable homes

Committee chairman Cllr Simon Newton (Con, Winkleigh) said there was a vulnerability in the system but until the law changed there was not much they could do about it.