S106 Management offer bespoke services to help reduce, mitigate, or eliminate unviable Section 106 contributions.
All local authorities will ask for some level of affordable housing contribution or infrastructure contributions on your proposed development. These costs can be very high, and threaten the deliverability of your scheme.
Unlike other providers of viability appraisals, S106M provide an expert end-to-end service, from acquisition through to implementation.
We advise on feasibility, scheme optimisation and design pre-submission, and provide viability appraisal and reporting to support planning validation and submission.
Post-submission we provide negotiation services, s106 agreement drafting, appeal submissions and support, 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.
No matter what stage of the process you’re at – acquisition, design, planning or post-consent, we can help.
The best time to consider your scheme’s viability and planning obligations as at the beginning. There are many ‘hidden’ policy costs and viability considerations to take into account when planning a development which are often overlooked.
Viability and scheme optimisation for value, density, tenure and housing mix should inform your considerations even at the bidding stage and can significantly influence scheme design.
We provide high level modelling to maximise value and advise on the cost of planning obligations and policy compliance either before, during or after you’ve acquired your site.
We work with your architect and planning consultant to optimise the proposed development and ensure you aren’t surprised by unforeseen or unjustified requests from the local authority at the end of the application.
Many clients initially state they prefer a ‘back of the fag packet’ approach. But getting the scheme right from the beginning can save many months of delay and finance costs, improve relations with your planning officer, and ultimately make you more return on your investment.
Once your scheme is designed, either pre- or post submission we can provide detailed viability reporting to support your application. Many local authorities now require a viability appraisal to be submitted as a validation requirement. Others will request a viability report during the application to demonstrate lower levels of affordable housing or a lower financial contribution in lieu are appropriate.
Our reports 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:
We can also arrange RICS Red Book valuations to support benchmark, existing and alternative use values, and full elemental cost reports to more accurately demonstrate the cost of your development.
We provide a robust picture of Section 106 viability, bespoke to your proposed development, that will be acceptable to any Local Planning Authority and justify lower levels of affordable housing provision are required. We reference the LPA’s policies and tools, the NPPF, NPG and up-to-date RICS, RTPI and legal advice.
After submitting your viability report we also provide negotiation services to further minimise your contributions. Even if you already have planning permission, we can provide renegotiation services, liaising directly with Local Planning Authorities on your behalf as instructed. It should be noted that this is a cooperative, not adversarial, process in which both sides come to a mutually beneficial agreement.
Once a negotiated figure or quantum of affordable housing has been agreed upon, an S106 agreement will be required to obtain consent. We also provide in house S106 agreement drafting and negotiation to ensure these legal documents are appropriately worded and there are no surprises.
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.
Enabling Development is defined by paragraph 202 of the NPPF as development that would not be in compliance with local and/or national planning policies, and not normally be given planning permission, except for the fact that it would secure the future conservation of a heritage asset. Planning note 4 sets out advice on the financial evidence requirements for Enabling Development proposals, requiring two development appraisals to be completed.
We can provide the necessary development appraisals: firstly, by identifying the 'Conservation deficit' of a proposed scheme, which English Heritage define as ‘the amount by which the cost of repair (and conversion to optimum viable use if appropriate) of a heritage asset exceeds its market value on completion of repair and conversion, allowing for all appropriate development costs.’
Having identified the 'deficit', we can then provide reporting to demonstrate the minimum amount of Enabling Development needed to meet the identified deficit, thereby providing appropriate justification to allow a departure from standard planning policy.