DCLG has recently decided that the specific rights to appeal affordable housing requirements on stalled sites will come to an end on 30 April 2016.
The announcement has not been published as yet, but is developers who make inquiries of DCLG direct are being informed of the decision.
It is understood that applications submitted before the end of April will still be considered under the old rules.
If you were considering a s.106BA review of a scheme, it would be sensible to get the application in during the next few weeks.
The Growth and Infrastructure Act 2013 introduced an application and appeal procedure to review affordable housing obligations, where these make schemes unviable. A "sunset clause" inserted into the Act by the government meant that the operation of the mechanism would cease on 30 April 2016. Last November’s joint Spending Review and Autumn Statement announced that the government would "extend the ability to appeal against unviable section 106 agreements to 2018". But ministers have now decided not to extend the the mechanism after 30 April. Planning understands that applications can still be submitted to the relevant authority under section 106BA until the end of April.