Section 106BA of the Town and Country Planning Act 1990 provides a process for the review of affordable housing planning obligations on the grounds of economic viability.  However, developers should remember that this is a "sunset provision" and it will cease to have effect after 30 April 2016.  Applications and appeals cannot therefore be determined after that deadline.

Given a 28 day determination period by the local planning authority and a likely minimum of 6 weeks for an appeal decision, there is a real risk that appeal cases may not be determined in time. The planning inspectorate is however dealing with these cases as a matter of priority to avoid that.