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Planning & Regulations5 min

Planning Viability in London: What It Is, How It Works, and What It Means for Developers and Homeowners

Planning viability is a concept in the UK planning system that allows developers to argue โ€” through a financial assessment submitted to the local planning authority โ€” that the obligations and conditions attached to a planning permission (particularly affordable housing contributions, Section 106 obligations, and Community Infrastructure Levy payments) make the development economically unviable, and therefore that those obligations should be reduced or removed in order to allow the development to proceed. Planning viability assessments have been one of the most controversial aspects of the planning system in London since the mid-2000s, with housing campaigners and local authorities arguing that viability arguments have been used by developers to significantly reduce affordable housing delivery in London, while developers argue that without viability flexibility, many schemes would not be built at all. This guide explains what planning viability means, how viability assessments work, what Section 106 obligations and the Community Infrastructure Levy are, and what the implications are for major residential development in London.

Key Takeaways

  • โœ“What is planning viability: in the UK planning system, "viability" refers to the ability of a development scheme to generate sufficient financial returns to justify the investment required to bring it forward โ€” taking into account the cost of land acquisition, planning, design, construction, finance, and the various obligations and contributions required by the planning permission. The concept is codified in national planning policy (the National Planning Policy Framework โ€” NPPF) and in Planning Practice Guidance (PPG), which state that planning obligations should not make a development scheme economically unviable. NPPF paragraph 57 states that planning conditions and obligations should not "prevent development from coming forward." The practical operation of planning viability in London centres on the Residual Land Value (RLV) approach: a development scheme is considered viable if the projected RLV (the value of the land after deducting all development costs from the projected Gross Development Value โ€” GDV โ€” of the completed scheme) meets or exceeds the Benchmark Land Value (BLV) โ€” the minimum value at which the landowner will be willing to sell the land. The BLV is typically calculated with reference to the Existing Use Value (EUV) of the land plus a premium for the landowner (the "EUV+ approach"). If the projected RLV is below the BLV at the desired level of affordable housing and Section 106 contributions, the applicant argues that the scheme is not viable at those contribution levels and seeks a reduction
  • โœ“Section 106 obligations in London: Section 106 of the Town and Country Planning Act 1990 gives local planning authorities the power to enter into legal agreements with developers as a condition of granting planning permission. Section 106 (S106) obligations may require the developer to: provide affordable housing (in London, the typical policy requirement is for a minimum of 35% of new residential units to be affordable housing โ€” the Mayor of London's policy in the London Plan 2021 sets a threshold approach for major development at 35% affordable housing for schemes not triggering the GLA's fast-track process, or up to 50% for public land or where viability is not at issue); make financial contributions to local infrastructure, public transport, open space, schools, community facilities, and other items identified in the local authority's S106 and CIL charging schedule; restrict the occupation of units (for example, requiring that affordable units are allocated through the borough's housing register or through a housing association); or provide highway works, landscaping, or other physical improvements as part of the development. S106 obligations are negotiated between the developer and the LPA as part of the planning application process โ€” and where a viability assessment is submitted showing that the scheme cannot sustain the full policy level of contributions, the negotiated outcome may be a reduced level of affordable housing or reduced financial contributions. S106 obligations are registered as a charge on the title to the land and are binding on all subsequent owners โ€” they "run with the land" and must be complied with by anyone who develops the site
  • โœ“Community Infrastructure Levy (CIL): the Community Infrastructure Levy is a separate infrastructure charge levied on most new development in London under the Planning Act 2008 and the Community Infrastructure Levy Regulations 2010 (as amended). CIL is a flat rate charge per square metre of net additional floor space created by the development, set by the charging authority (either the London Borough or the Mayor of London โ€” the Mayor's CIL is levied in addition to the Borough's CIL). The Mayor of London's CIL (Mayoral CIL 2 โ€” MC2, as revised in 2019) applies to all new residential development in London and is used to fund Crossrail 2 and other strategic transport infrastructure. The rate varies by zone: Zone 1 (central London): ยฃ185 per mยฒ of new residential floor space; Zone 2 (inner London): ยฃ100 per mยฒ; Zone 3 (outer London): ยฃ60 per mยฒ. Borough CIL rates vary by borough โ€” some London boroughs have adopted CIL charging schedules with rates of ยฃ100โ€“ยฃ500 per mยฒ for residential development in certain areas. CIL is payable on commencement of development (the first spade in the ground) and is not subject to viability negotiation in the same way as S106 obligations โ€” CIL is a levy with a fixed rate, and while there are limited exemptions (self-build, affordable housing, and some minor development exemptions), the rate is not normally subject to the viability assessment process. The combination of Borough CIL and Mayoral CIL can represent a significant development cost โ€” for a 1,000mยฒ residential development in inner London, the combined CIL charge could be ยฃ300,000โ€“ยฃ600,000+, which must be factored into the development appraisal from the outset
  • โœ“The London Plan affordable housing policies and the "fast-track route": the Mayor of London's London Plan 2021 introduced a "fast-track route" for planning applications that meet or exceed the threshold level of affordable housing without requiring a viability assessment. The fast-track route: applies to schemes that provide at least 35% affordable housing (on private land) or 50% affordable housing (on public sector-owned land or where grant funding is available) of the total residential units, with the affordable units meeting the required tenure mix (broadly 70% social rent or London Affordable Rent and 30% intermediate affordable housing such as London Living Rent or Shared Ownership); where a scheme meets the fast-track threshold, the GLA and the borough can grant planning permission without requiring the developer to submit a detailed viability assessment, saving time and professional fees; where a scheme does not meet the fast-track threshold (i.e., the developer proposes less than 35% affordable housing), a full viability assessment must be submitted and assessed by the LPA (using an independent viability assessor appointed by the GLA or the borough), and the negotiation of the maximum viable affordable housing provision becomes part of the planning assessment. The GLA's viability guidance requires that viability assessments are submitted using an open-book approach, and the GLA has a dedicated team of viability assessors who scrutinise developer viability submissions. However, the information content of viability assessments has often been exempt from Freedom of Information disclosure on commercial confidentiality grounds โ€” limiting public scrutiny of the inputs used

How Viability Assessments Work in Practice in London

A planning viability assessment (also called a development appraisal or financial viability appraisal โ€” FVA) is a financial model that projects the costs and revenues of a proposed development scheme and calculates whether the scheme is financially viable at a given level of planning obligations.

The key inputs to a viability assessment: Gross Development Value (GDV): the total projected revenue from the completed development โ€” the sum of the projected sale values of all private residential units, plus the value of the affordable housing units (which is typically calculated as the discounted value to a registered provider โ€” approximately 50โ€“70% of open market value for social rent and around 80% for intermediate affordable housing), plus any commercial, retail, or other revenue from non-residential elements. GDV is typically supported by comparable market evidence from recently sold new build units in the area.

Development costs: all costs of developing the scheme, including: land acquisition cost; planning and design fees; construction cost (typically projected on a ยฃ/mยฒ basis by reference to industry benchmarks such as BCIS โ€” the Building Cost Information Service โ€” adjusted for scheme-specific factors); finance costs (interest on development finance at the current market rate); developer's overhead and profit (typically 15โ€“20% of GDV for a private residential scheme; 6% for affordable housing); S106 contributions and CIL; abnormal costs (ground remediation, archaeological investigation, highway works, service diversions, or other site-specific costs).

Benchmark Land Value (BLV): the minimum land value at which the landowner will sell โ€” typically calculated as the Existing Use Value (EUV) of the land (its value in its current, pre-development use) plus a landowner's premium (to incentivise the landowner to sell for development). The BLV is the most contested element of a viability assessment, because a higher BLV makes the scheme appear less viable, allowing the developer to argue for lower S106 contributions. Local authorities and the NPPF/PPG guidance require that the BLV is based on the EUV+ approach (not on the market expectation of planning permission โ€” the "hope value" approach that would make most schemes appear unviable at full policy compliant affordable housing levels).

The viability conclusion: if the RLV calculated from the GDV minus development costs (including full S106 contributions) is lower than the BLV, the scheme is presented as not viable at full policy compliant contributions. The viability assessor then typically models different scenarios (different levels of affordable housing, different S106 contributions, or a different development mix) to find the level of contributions at which the scheme achieves the BLV โ€” and that level becomes the basis for the negotiated S106 agreement.

Implications for London Homeowners and Small Developers

While planning viability is primarily relevant to major residential development schemes (typically those of 10 or more dwellings in London), the framework has practical implications for smaller developers, self-build developers, and homeowners seeking planning permission for conversions or small residential schemes in London:

Small development viability threshold: Many London boroughs have a threshold below which S106 affordable housing obligations do not apply โ€” in most London boroughs, developments of fewer than 10 units (and in some boroughs, fewer than 25 units) are exempt from affordable housing S106 obligations but are still subject to CIL. For a small residential development of 5โ€“9 units in London, the main planning obligations are likely to be CIL and potentially S106 contributions for open space, play space, or transportation improvements โ€” but not affordable housing.

CIL exemptions and self-build: The CIL Regulations provide a self-build exemption from the Community Infrastructure Levy for dwellings that the owner intends to use as their own home. The exemption applies where the owner has obtained planning permission, commenced development, and submitted a valid self-build exemption claim before commencement. The self-build exemption can be lost if the property is sold within 3 years of completion. For a London homeowner who obtains planning permission to demolish their existing house and build a new, larger property on the same site (a "self-build" project in planning terms), the CIL self-build exemption can represent a very significant saving โ€” CIL on a 200mยฒ new build house in inner London at Borough CIL rates of ยฃ200/mยฒ + Mayoral CIL of ยฃ100/mยฒ would otherwise be ยฃ60,000.

Conversions and change of use: Permitted development rights for change of use (for example, converting a commercial building to residential use under Class MA โ€” commercial, business and service to dwelling houses) typically attract CIL on the net additional floor space created (the existing floorspace in the building is deducted from the new residential floor space for CIL calculation purposes). Where a building has been in lawful use for 6 months of the past 3 years, the mezzanine exemption from CIL (the "in-use building" exemption) reduces the CIL liability on conversion schemes.

Monitoring and Review Mechanisms in London S106 Agreements

One of the most important developments in London planning viability practice since around 2016 has been the introduction of review mechanisms in S106 agreements โ€” provisions that allow the level of affordable housing to be reviewed and potentially increased if the scheme turns out to be more financially successful than the viability assessment predicted at the time of planning.

Late stage review (LSR): A Late Stage Review (LSR) mechanism in a S106 agreement requires the developer to submit an updated viability assessment at a specified late stage in the development (typically when 75% of the private units have been sold or when the development is substantially complete). The LSR compares the actual development revenues and costs with the appraisal submitted at the planning stage โ€” if the outturn profit is higher than projected (which it often is, particularly in a rising property market), the developer must make an additional affordable housing contribution (in cash or in kind) to the local authority from the additional profit. LSR mechanisms have been increasingly required by London boroughs and by the GLA for major schemes where viability-based reductions from policy-level affordable housing have been agreed. The GLA's viability SPG (Supplementary Planning Guidance) now requires an LSR mechanism in all major residential permissions where the affordable housing provision has been reduced from policy compliant levels on viability grounds.

Early stage review (ESR): An Early Stage Review (ESR) mechanism may be triggered if development has not commenced within a specified period of the grant of planning permission (typically 2โ€“3 years). An ESR re-tests the viability of the scheme at the date of commencement and may allow the LPA to require additional affordable housing if market conditions have improved since the original planning permission was granted.

Transparency of viability information: The Planning Practice Guidance (PPG) now requires that all viability assessments submitted in support of planning applications in England are made publicly available (subject only to genuinely commercially sensitive information being redacted โ€” and the redaction must be justified), improving public scrutiny of viability arguments. The GLA publishes viability assessments submitted for major London schemes on its planning portal.

Frequently Asked Questions

What is Section 106 and does it affect my London home purchase?โ–ผ
Section 106 (S106) obligations are legal agreements between a developer and a local planning authority that impose conditions on the development of a site. They are most relevant when you are buying a new build property in a development that was subject to S106 conditions โ€” because S106 obligations run with the land and bind all successive owners, some S106 conditions may affect your use of the property after purchase. Examples of S106 conditions that affect purchasers: a covenant restricting the unit to residential use; an obligation to maintain a communal garden or shared facilities; a restriction on the type of tenant (e.g., a requirement that the unit is let to qualifying occupiers on an intermediate affordable housing basis rather than at open market rent); a restriction on the ability to sell without the housing association's consent (common in shared ownership and London Affordable Rent units). The S106 obligations affecting a specific property should be disclosed by the seller's solicitor in the pre-contract information and will be confirmed by the local authority search. If you are purchasing a property in a development that was built under an S106 agreement, ask your solicitor to confirm the specific obligations applicable to your unit before exchange of contracts.
Can a London developer reduce the affordable housing in a planning permission after it has been granted?โ–ผ
Yes โ€” in certain circumstances, a developer can apply to review or reduce the affordable housing obligation in an existing S106 agreement where the viability of the scheme has changed since the permission was granted. Under the Town and Country Planning Act 1990 (as amended by the Growth and Infrastructure Act 2013, Section 106BA), a developer can apply to the LPA to review an affordable housing obligation in a S106 agreement where the development has not yet commenced and where the developer can demonstrate (through a viability assessment) that the original obligation makes the development economically unviable. The LPA can modify the S106 obligation to allow the development to proceed, if satisfied that the viability assessment demonstrates the scheme is genuinely unviable at the original level of obligation. This mechanism has been used by developers in London to reduce affordable housing obligations granted during the period before 2008 (when land prices were higher and viability calculations now produce different results). The mechanism requires a full viability assessment and is subject to independent assessment by the LPA โ€” developers cannot simply claim unviability without substantiating evidence.
How does the Community Infrastructure Levy affect my renovation or extension in London?โ–ผ
For most standard residential extensions, loft conversions, and internal renovations of an existing dwelling in London, the Community Infrastructure Levy does NOT apply. CIL is levied on the net additional floor space created by a chargeable development โ€” and permitted development extensions, conversions within the existing curtilage, and works that do not create additional gross internal floor space above the thresholds in the CIL Regulations are typically exempt. The main circumstances where CIL might apply to a residential project in London are: building a new dwelling or creating a new residential unit (even within an existing building โ€” for example, splitting a house into two flats or converting a garage into a self-contained dwelling); extending a dwelling beyond certain thresholds in a way that constitutes a chargeable development that is not exempt; or creating a new self-contained annexe that is treated as a separate residential unit. The most important exemptions for individual homeowners are: the self-build exemption (for a wholly new dwelling built as the owner's own home); the change of use of a previously unoccupied building (if the building has been in lawful use for at least 6 months in the 3 years before the chargeable development); and the minor development exemption (schemes creating less than 100mยฒ of new floorspace and that do not create a new dwelling). Check with a planning consultant or your local borough's CIL officer if you are uncertain about whether CIL applies to your specific project.

Important Note

This guide is for general information only. Building regulations, planning rules, and legal requirements change regularly and vary by local authority. Always seek professional advice specific to your project and location. rcbGroup offers free initial consultations โ€” book your free survey.

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