Our Neighbourhood Plan was made in 2022 and explicitly states that new developments over 10 units must provide 40% affordable housing and maintain existing green corridors.
A developer has just submitted plans for 45 units with 15% affordable housing and wants to build over the allotment path that connects two estates.
The council's own planning officer has recommended approval, barely mentioning the Neighbourhood Plan. Is this legal? Can a council just override its own adopted plan?
A Neighbourhood Plan is part of the statutory development plan, so the council is legally required to have regard to it. But "have regard to" doesn't mean "slavishly follow" — they can override it if they have good planning reasons.
That said, 15% affordable housing when the plan specifies 40% is a huge gap. I'd contact the Neighbourhood Plan steering group — they often have legal support and can write to the council directly.
Also worth checking if the developer has viability assessment that claims they can't afford 40%. These are often highly questionable but hard for residents to challenge without professional help.
Great advice, thank you. I've contacted the steering group and they're looking into it. The viability angle is interesting — I'll see if we can get the actual assessment through FOI.
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