Part 6: Planning in England Planning obligations Section 159: Planning obligations and affordable housing
This section inserts a new section 106ZB into the 1990 Act.
	Subsections (1) and (2) provide the Secretary of State with the power to make regulations which restrict, or impose other conditions on, the enforceability of planning obligations which relate to the provision of affordable housing.
	For example regulations may restrict or place conditions on the enforceability of planning obligations which provide for affordable housing on sites of a certain size, or where the development is of a specific nature (such as providing a certain type of housing). This does not prevent parties from entering into planning obligations relating to affordable housing provision on these sites, but it will limit the remedy available should these obligations be breached.
	The conditions or restrictions may also be varied based on the type of affordable housing.
	This section does not apply to planning obligations where permission was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites, or in relation to development in a National Park or in an area of outstanding natural beauty.
	Subsection (3) sets out the definition of "affordable housing". This includes a general category of new dwellings in England which are made available for people whose needs are not adequately served by the commercial housing market, as well as starter homes which are defined in Part 1 of this Act.
	The Secretary of State may amend the definition of "affordable housing" through regulations.