Government's policy on affordable housing threshold lawful

The Court of Appeal ruled that the written ministerial statement on affordable housing issued by the Secretary of State for Communities and Local Government, was lawful Lord Dyson concluding that it did not override the statutory provisions of section 38(6) of the Town and Country Planning Act 2004 nor section 78(2) of the Town and Country Planning Act 1990. The judgment set aside an earlier ruling of the High Court (West Berkshire District Council v Secretary of State for Communities and Local Government [2015]) which had upheld the council's claim that the ministerial statement was unlawful.

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