DEVELOPERS could be free of the “burden” of having to provide affordable housing if it puts house-building at risk.

And it could affect 383 affordable homes in Kirklees currently with planning permission which are yet to be built.

Today, Kirklees Cabinet will be asked to make a decision on how the authority responds to planning matters.

Local government minister Eric Pickles has told authorities that planning conditions, known as Section 106 agreements, should not “undermine the viability of sites and prevent any construction of new housing.”

Many authorities, including Kirklees and Calderdale, ask for a percentage of new housing developments to be “affordable” as part of a condition of planning approval.

But that could soon change – any developer of sites which are unviable because of the number of the affordable homes condition can appeal with immediate effect.

The Planning Inspectorate will be instructed to assess how many would need to be removed from the S106 agreement for the site to be viable.

And it could allow developers to renegotiate non-viable section 106 agreements agreed prior to 2010.

A Cabinet report says: “Officers and members now face a dilemma, which, on the one hand, could undermine an otherwise deliverable project and on the other lose opportunities to secure affordable housing – and other benefits – both now and in the future.”

At the last Huddersfield Planning Sub-Committee one developer sought consent to remove a condition to provide affordable housing.

Conroy Brook (Developments) Ltd was granted approval to build 46 age-restricted apartments at Prickleden Mills in Holmfirth last year.

But the developer returned to the committee, saying the 15% affordable housing condition and an educational contribution made the scheme unviable.

There was debate among the councillors who agreed to lift the conditions.

And last month Kirklees lost when an applicant behind a Taylor Hill development appealed to the Planning Inspectorate.

The Inspector granted consent for 10 properties on land off Holmcliffe Avenue.

Kirklees had sought affordable housing provision, but it was only after an appeal was lodged the council “came to the view that affordable housing would render the proposal unviable”.

Cabinet will have to make the decision and council officers are urging a temporary approach to monitor and review the situation.

Council papers say: “Officers are of the view that the council could both more clearly demonstrate flexibility and strengthen its position in difficult times with regard to affordable housing.

“However, the overriding objective is to stimulate an early start to development on site.”

Kirklees say less than 1,000 affordable homes have been built in the last two years, but 1,457 new affordable homes are said to be needed every year for the next five years in the area.

The council has set itself a target of securing “up to 40% affordable accommodation on all sites larger than one property.”

Asked how realistic it was, a council spokeswoman said: “The proportion may be less than the maximum where it is demonstrated that there are development costs which would otherwise prejudice the implementation of the proposal.”

She added: “As such, the economic climate and viability of development will affect how close to this maximum can be achieved through the planning permissions.”