DCLG has now reinstated the Planning Practice Guidance that gives effect to the Small Sites exemption; which was declared lawful by the Court of Appeal, in the West Berkshire case, earlier this month. 

Paragraph: 031Reference ID: 23b-031-20160519 was reintroduced over night and confirms that tariff style contributions should not be sought from developments of ten units or less, which have a maximum combined gross floorspace of  less than 1000 square metres.

The guidance also brings back the vacant building credit - which provides a discount against affordable housing contributions for vacant buildings which are demolished and replaced or bought back into use. This effectively exempts such buildings from making affordable housing contributions, unless the replacement or refurbished buildings have increased in size. 

The full text of the reinstated guidance can be found on: