Negotiations, S106 Agreements, and Appeals

After submitting your viability report, we also provide services to support the negotiation, implementation, and potential appeal of the contributions.   

Negotiations

Once the local authority has received the viability report, they will appoint a consultant (at the cost of you, the developer) to review it. Generally we expect a large degree of consensus but there can some areas of disagreement. 

Therefore we offer a second stage service, where we negotiate with the local authorities assessor on your behalf. 

S106 Agreement Drafting

Once affordable housing and wider planning obligations havebeen agreed, these will need to be transferred into a section 106 agreement or unilateral undertaking. These will often also include early or late review mechanisms.

These can often be complex, and we are well placed to advise on these documents, which are typically council produced. We can work with your solicitor to advise on the terms of the agreement, ensuring that you deliver no more than has been agreed.

Appeals

It is not often realised that a planning appeal is more a rehearing of the matter. Therefore, even if viability has not been considered at planning application stage, you can introduce the matter in to the appeal. This must be done from the day you submit the planning appeal.

If you’re in this situation we can provide a report in thesame way as usual but specifically for the appeal. We encourage engagement with the local authority so that by the time the appeal inspector visits the site, there will be an agreed s106 agreement or unilateral undertaking. Get in touch with us for more information.

If your application goes to appeal, we can also provide appeal submissions and expert support to ensure the inspector fully understands the details of the viability case.

Read more about our experience with negotiations, s106 agreements, and appeals. If you are in need of negotiation help, s106 agreement advice, or appeal support, get in touch with us today.

High Section 106 costs are avoidable

Call us today for a free consultation. Market leader in viability assessment and Section 106 negotiation.

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01392 840002
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