FOI Request - Housing

Request 101003847163

I would like to request the following information under the Freedom of Information Act 2000, looking at the use of Section 106 of the Town and Country Planning Act 1990 and its use in the provision of affordable housing.

Please may you provide me with data per annum on the following questions:

1. What is the unit count of affordable housing that has been developed, or is currently being developed by the council in the last 5 years.
2. How many social homes/ developments in the last 5 years were agreed with and under Section 106, in order to mitigate the impact of the developments upon surrounding communities?
3. How many of these social homes delivered under Section 106 are currently unoccupied with no buyer?
4. Are there any Section 106 building sites currently delayed due to uncontracted units, and if so, how many?

I would like this information to be provided in this format:

Annual breakdown of figures for each year up to 2025:
2020:
2021:
2022:
2023:
2024:

Response 24-09-2025

1. This is published and available in the Councils Strategic Housing Investment Plan (SHIP). This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page here: http://www.moray.gov.uk/moray_standard/page_95565.html

2. Section 106 refers to the English planning legislation, so no social homes/ developments have been secured via section 106. For larger housing developments in Moray, affordable housing provision on site is secured via planning condition(s).

Commuted sums for smaller schemes are sought by upfront payment under section 69 of the Local Government (Scotland) Act 1973, or via a legal agreement through Section 75 of the Town and Country Planning (Scotland) Act 1997.

Should the enquirer seek information relevant to Scottish legislation, this is publicly available on the Council’s planning register which can be viewed via the following link: https://publicaccess.moray.gov.uk/eplanning/search.do?action=advanced. The advance search function can be used to find housing developments by selecting Development Type as 3a, 3b, or 3c. Details of any affordable housing obligations will be referred to in the report of handling for each application.

3. No social homes have been made available for sale; all are rented via a registered social landlord

4. None