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Road Ltd The High Court has recently considered the issue of viability in the context of planning decisions in Parkhurst Road Ltd v Secretary of State for Communities and Local Government and the Council of the London Borough of Islington [2018] EWHC 991 (Admin); [2018] PLSCS 80.
A planning application for a residential scheme had been refused by Islington (LBI) and was then refused on appeal. A reduced scheme suffered the same fate. A key issue was whether the developer had justified its affordable housing offer as being the maximum reasonable amount required by policy. The developer sought to challenge the decision of the inspector on the second appeal.
At the heart of the judgment is the difficulty of setting an appropriate benchmark...