Services

S106 Management are the original viability consultancy for developers. We offer bespoke services to help reduce, mitigate, or eliminate unviable Section 106 and affordable housing contributions.

Unlike other planning viability consultants, S106 Management provide an expert end-to-end service, from acquisition through reporting, negotiation support and s106 agreement drafting.

All local authorities will ask for affordable housing or s106 contributions on your proposed development. These costs can be disproportionately high, and threaten the deliverability of your scheme. We help ensure these costs are proportionate to your scheme.

Unlike many consultants, post-submission we support you on all levels, providing expert negotiation services, section 106 agreement drafting, appeal submissions and strategy, and mid and late stage viability reviews. Even if you already have your consent and have signed an S106 agreement, we can help renegotiate the obligations on your scheme.

Take advantage of 20 years of viability experience.

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Planning & Development Viability Assessments

A viability report is often a validation requirement. Local Authorities require this report to demonstrate the maximum affordable housing achievable – whether above or below the minimum target.

We provide detailed viability reporting to support your application and demonstrate the maximum viable delivery of affordable housing, be that zero or a policy compliant delivery.

Our reports are fully compliant with PPG Viability, the NPPF and RICS standards. They are clearly presented in a format that is understood and accepted by Local Planning Authorities. They will be welcomed by planning officers at any stage of a planning application and help speed up the planning process.

S106 Management’s viability reports utilise industry standard specialist toolkits, including:

  • Housing Corporation Economic Appraisal Tool (HCEAT)
  • Three Dragons Development Appraisal Tool Kit
  • Greater London Authority Affordable Housing Toolkit (GLA Toolkit)
  • Argus Development Appraisals

We also arrange RICS Red Book valuations to support benchmark, existing and alternative use values, and full QS elemental cost reports to more accurately demonstrate the cost of your development.

We provide a robust picture of Section 106 affordable housing viability, bespoke to your proposed development, that will be acceptable to any Local Planning Authority. We reference the LPA’s policies and tools, the NPPF, PPG and up-to-date RICS, RTPI and legal advice. 

Negotiations

We don't simply provide a 1-stop report. This is a process. A viability report will be vetted by the LPA’s chosen consultant or internal assessor. We then respond to that reporting on your behalf contesting any misconceptions or inaccuracies in fact, practice or planning law that are commonly advanced. Inevitably there are always differences of opinion over individual inputs which require expert negotiation to resolve. This is very much our USP, and our team has successfully negotiated mutual agreement on thousands of developments over the last decade.

Find out more about our Development Viability Appraisals, or get in touch for a free consultation.

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How to Renegotiate, Replace or Remove an S106

Already have planning permission with an S106 agreement attached? There are several options open to you to either change, remove, or replace an existing S106 agreement.

S106A provides a procedure to renegotiate S106 agreements that are over 5 years old – but only insofar as the revised agreement serves no purpose or as revised serves the same purpose as the original agreement equally well. These limitations render S106A of little practical use.

The only practical way to change or remove an existing Section 106 agreement is to replace it.

This can be achieved in two ways. Either via an S73 application (provided your existing S106 agreement permits this) or through a new full planning application (you will have a free go if your consent is less than 12 months old). 

However it should be noted that this will not be effective if there is a pre-existing breach of the existing agreement.

In a climate of high inflation, stagnant sales values, and low housing delivery, the changing viability of previously agreed schemes is a material consideration. However such applications are highly complex and fact sensitive. Your case must be presented in the right manner to achieve the required results.

If you are in a situation where you are looking to renegotiate your Section 106 obligations, get in touch with us today.

Find out more about our Renegotiate, Remove or Replace S106 Services, or get in touch today.

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S106 Agreements and Appeals

S106 agreements

Once a negotiated figure or amount of affordable housing has been agreed upon, an S106 agreement must be drafted, the terms agreed and the document signed to obtain consent. S106 heads of terms will normally be expected to be finalised prior to any resolution to grant consent, and no consent will be issued without a signed s106 agreement.

Largely we find that local authorities and solicitors acting for applicants require specialist support when drafting the terms for complex section 106 agreements, particularly on matters that intersect with viability reporting and negotiations such as late review mechanisms, late payment of contributions, and specific triggers for planning obligations.

There is also a negotiation element to drafting these legal documents which is often underestimated. While absolute quantities of affordable housing or s106 contributions are agreed during viability negotiations, payment terms, triggers and more complex commuted sum or review mechanisms require finesse to ensure actionable, enforceable legal documents.

S106 agreements are often drafted in a hurry at the end of the planning process and the implications not fully understood. We provide full advice on all terms and clauses included, and outline the commercial implications prior to any agreement. We will negotiate with the council’s legal department on your behalf, or support your preferred legal adviser in this regard.

We also provide in house S106 agreement drafting to ensure these legal documents are appropriately worded and there are no surprises.

Appeals

It is not always possible to achieve a mutually accepted negotiated outcome. If your application goes to appeal we also provide appeal submissions and expert support to ensure the inspector fully understands the details of the viability case, and that there are no misconceptions surrounding viability methodology, adopted policy, planning legislation, the facts of the site, or the individual values included in any financial viability appraisal.

See our blog posts on recent appeal decisions for further information.

Find out more about our S106 Agreements and Appeals services.

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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