S106 reason for refused Housing Assoc Exchange

[Saffronflowers]

A friend of mine has been refused a housing assosciation swap under the grounds of Regulation S106, that as far as I can see is a planning regulation. My friends housing assosciation are happy for the swap but it is the other one that is using this reason.

They are stating that S106 means that they can only approve a swap if she has family or works in the village. The village she wants to move into is only a mile from where she lives now and comes under the same church parish to which she has direct connections to two out of the three villages.

This also means that the other person cannot swap unless someone from her village wants to swap and that she can't move to the village where my friend lives where she has connections.

Any thoughts of of case law or rights under the housing swap that anyone has would be very useful. Does Housing Law supercede Planning law and why does planning law effect tenancies?

PS we know of a case where someone was given a tenancy with no connections what so ever bar the parish connection.

Thank you and I hope this makes sense.

SFx

[Planner]

Section 106 agreements are conditions which are attached to planning applciations which have been granted. They could be for such things a new road, affordable housing, security etc. In this particular case its an occupancy clause i.e. the houses have been built to provide accomodation for village residents.

In theory, if you where given such a house, then the housing association would be in breach of the planning permssion and could face enforcement action.

While a sympathise with your situation, as a planner myself, I know that these conditons are in place for valid reasons. There is a constant shortage or rural housing and housing for residents. The argument is why should someone who has grown up in the village, has lived there all their life and whos family live there, be forced to move somewhere else because no social housing is available because its been given to someone from outside?

[Saffronflowers]

UPDATE

Both the other housing association and the local district council have agreed that it is a special circumstance and that due to the locality of both houses and the ancient connection of all three villages that they would allow the exchange to go ahead.

SFx