Viability, Obligations and Commercial

Independent review of a viability appraisal

7 min readBy PlanScope Editorial Team

A council will not take your appraisal at face value. Here is how the independent review works, where the disputes actually are and how to shorten it.

When a scheme comes forward with less than policy-compliant affordable housing, the council will not simply accept the applicant's appraisal. It commissions an independent review from a valuer, charges the applicant for it, and decides the affordable housing figure on the reviewer's advice rather than yours.

The review is not a formality and it is not usually hostile. It is a valuation exercise carried out by a surveyor who will look at four inputs first: the benchmark land value, the sales values, the build cost and the developer's return. Most disputes are settled on the first of those.

When a council commissions one

Two triggers are common. The application offers less affordable housing than the adopted plan requires, supported by a viability case. Or the applicant seeks to reduce or remove an existing obligation on a consented scheme.

Some authorities also review where the appraisal supports a nil or reduced Community Infrastructure Levy position, or where a development is large enough that the section 106 package is worth the fee on its own.

In London, the threshold approach in the London Plan changes the calculation. A scheme meeting the affordable housing threshold on the Fast Track Route does not submit a viability assessment at all, which avoids the review entirely, and that is usually worth more than the units it costs. Falling below the threshold puts the scheme on the Viability Tested Route, with a review at application stage and further reviews built into the section 106.

Who pays, and how it is secured

The applicant pays. Councils secure the fee before instructing, usually through a short written agreement or a unilateral undertaking, and some require payment up front into an account.

Two points to settle in that agreement. First, the scope: how many rounds of comment the fee covers, because a second and third round of exchange is normal and an open-ended instruction gets expensive. Second, whether the fee covers attendance at a meeting or at committee.

Ask for the reviewer's identity before agreeing. You are entitled to know who is valuing your scheme, and a reviewer who has recently acted against you elsewhere is worth raising early rather than after the draft lands.

What the reviewer looks at first

The order is fairly consistent, and knowing it tells you where to put your evidence.

Input What the reviewer tests
Benchmark land value Whether existing use value plus a premium has been used, and how the premium is justified
Gross development value Sales comparables, rates per square metre, unit mix, absorption rate
Build cost Median or upper quartile cost data, externals, abnormals, contingency
Developer return Percentage and whether it is taken on cost or on gross development value
Finance Rate, arrangement fees and the period over which interest runs
Policy costs Levy, obligations, and whether they have been counted twice

Planning Practice Guidance sets the framework. Benchmark land value should be established on an existing use value plus premium basis, and the premium has to be justified rather than asserted. A price actually paid for the site is not the benchmark, and an appraisal built backwards from what the land cost is the single most common reason a review lands badly.

The guidance also treats a return of 15 to 20 per cent of gross development value as a suitable figure for market housing in most circumstances, with a lower return appropriate for affordable housing. Departing from that range needs a reason specific to the scheme.

Where the disagreements actually are

Benchmark land value first, every time. The applicant argues for a higher premium over existing use value on the basis that no landowner would sell for less. The reviewer argues that the premium has to reflect policy-compliant development, because otherwise the policy simply raises land prices.

After that, in rough order of frequency:

  • Sales values, where the applicant uses second-hand comparables and the reviewer uses new-build evidence from the same submarket.
  • Contingency stacked on top of abnormals that already carry their own risk allowance.
  • Build cost percentile, where using upper quartile data for a standard scheme is hard to defend.
  • Professional fees as a percentage, which drifts upward without evidence.
  • Finance period, particularly where a long sales programme is assumed on a small scheme.
  • Profit taken on cost when the policy framework works on gross development value, or the reverse.

Illustrative example. An appraisal shows a deficit of a little over a million pounds against a policy-compliant scheme. The reviewer accepts the build cost and the finance assumptions, reduces the benchmark land value by adopting a lower premium, and raises sales values by 4 per cent on the basis of two recent new-build schemes. The deficit becomes a small surplus, and the negotiation moves to a review mechanism rather than to the number of units. The figures are illustrative.

Responding to a draft review

Read the reviewer's appraisal, not just the narrative. Ask for the model itself if it has not been supplied, because the commentary rarely shows which single input moved the answer.

Then do three things. Identify the two or three inputs that actually change the outcome and ignore the rest, however irritating. Answer with evidence rather than assertion, which means dated comparables, a cost plan from a quantity surveyor, a term sheet for the finance assumption. And put the areas of agreement in writing, so the officer's report records a narrow dispute rather than a wide one.

A Viability Assessment submitted with the application should anticipate all of this. Councils expect a suitably qualified author, professional review is strongly advised, and an assessment that shows its comparables and its cost plan up front gets a shorter review than one that shows only outputs.

Narrowing the issues before committee

Where the gap will not close, two mechanisms usually bridge it.

A review mechanism in the section 106 revalues the scheme at a defined point, commonly on implementation, at a mid-point in build out, or before the final units are sold, and shares any uplift above an agreed threshold. It converts an argument about forecasts into a calculation on actual outturn, and most reviewers will accept a lower up-front figure in exchange for a well-drafted one.

A deferred or stepped contribution does something similar for infrastructure payments. Both need careful drafting, and the same drafting skills that go into overage and clawback in a section 106 apply directly.

Whatever is agreed has to appear in the Affordable Housing Statement and in the heads of terms in consistent terms. Where First Homes form part of the mix, the tenure has its own drafting requirements and securing them properly matters more than the headline percentage.

What it does to the programme

Expect the review to add one to three months to determination on a scheme of any size, depending on how many rounds the exchange takes and how quickly the reviewer is instructed.

You can compress it. Instruct your own valuer to produce the appraisal in a format the reviewer recognises, supply the model rather than a PDF of the outputs, and agree the fee arrangement at validation rather than at the point the officer asks for it. Where the scheme is marginal, consider commissioning your own independent check before submission, because finding the weak input yourself is far less costly than having it found for you in a published report.

One more thing to plan for. Planning Practice Guidance expects viability assessments to be publicly available, with only limited scope for redaction, so write the assessment knowing that objectors and competitors will read it.

This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it.

See PlanScope pricing: one free report, £50 per report, or Professional for unlimited reports.

PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.

Frequently asked questions

Who pays for an independent viability review?

The applicant does. Councils secure the fee before instructing, usually through a short written agreement or a unilateral undertaking, and some ask for payment in advance. Settle the scope in that agreement, including how many rounds of comment are covered and whether attendance at a meeting or at committee is included.

What is benchmark land value and why does it dominate?

It is the value against which a scheme's residual value is tested, established on an existing use value plus premium basis under Planning Practice Guidance. It dominates because a higher benchmark turns a surplus into a deficit without changing anything else. The price actually paid for the site is not the benchmark, and appraisals built backwards from it fail.

What developer return will a reviewer accept?

Planning Practice Guidance treats 15 to 20 per cent of gross development value as a suitable return for market housing in most circumstances, with a lower figure appropriate for the affordable element. A return outside that range needs a reason specific to the scheme, such as an unusual risk profile, evidenced rather than asserted.

Will my viability assessment be published?

Planning Practice Guidance expects assessments to be made publicly available, with only limited scope for redaction of genuinely sensitive material. Write on the assumption that objectors, neighbouring landowners and other developers will read it, and avoid putting anything in the narrative you would not want quoted at committee.

How much time does a review add?

On a scheme of any size, one to three months is a fair expectation, driven mainly by how many rounds of exchange the parties need and how quickly the reviewer is instructed. Supplying the appraisal model rather than a PDF, and agreeing the fee arrangement at validation, are the two things that compress it most.

Sources and further reading

viabilityaffordable housingsection 106benchmark land valueappraisaldevelopment

This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.

More in Viability, Obligations and Commercial

View all →
Viability, Obligations and Commercial7 min read

Does paying for pre-application advice pay for itself

Pre-application advice pays when the answer could change the scheme. Where the policy position is already clear, the fee buys a letter restating what you knew.

Read article →
Viability, Obligations and Commercial7 min read

Planning performance agreements: what to put in one

A performance agreement buys predictability on a complex application, not a permission. The clauses that matter are dated milestones, named officers and a section 106 timetable.

Read article →
Viability, Obligations and Commercial6 min read

CIL liability notices and who actually pays the levy

If nobody assumes liability for the Community Infrastructure Levy, it apportions to the owners of the land. The notice sequence, the deadlines and the exemptions that have to be claimed.

Read article →
Viability, Obligations and Commercial8 min read

Marriage value and site assembly in a viability appraisal

Assembly costs are real, but most of them do not reduce what a scheme can contribute. Where acquisition costs, ransom premiums and created marriage value each belong in the appraisal.

Read article →
Viability, Obligations and Commercial7 min read

Varying a planning obligation after five years

After the five year relevant period, a statutory application under section 106A replaces negotiation, and a refusal can be appealed under section 106B. What the authority can decide and what it cannot.

Read article →
Viability, Obligations and Commercial7 min read

Social infrastructure contributions and how they are justified

Contribution requests are built from a yield factor, a capacity claim and a published cost. The arithmetic is usually right, so the argument belongs on the capacity evidence and the statutory tests.

Read article →