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RTPI Network Event: S106 – Time for Review<br />

29 th July 2009<br />

<strong>Nick</strong> <strong>Ireland</strong>: Associate Director, GL Hearn<br />

Providing property services with business focus<br />

www.glhearn.com


GL HEARN<br />

• 200 staff across 7 UK offices<br />

• Focus on delivering asset value<br />

and driving forward property<br />

development<br />

• Services include planning,<br />

development and affordable<br />

housing advice<br />

Providing property services with business focus<br />

www.glhearn.com


NICK IRELAND, MRTPI<br />

• Joined GL Hearn from GVA Grimley in October 2008<br />

• Background in strategic planning & regeneration<br />

• Part of team which advised Peterborough City Council on<br />

establishing a S106 tariff<br />

Providing property services with business focus<br />

www.glhearn.com


WHERE WERE WE GOING?<br />

• Rising market provided opportunity<br />

to increase developer contributions<br />

to infrastructure …<br />

– Affordable Housing<br />

– Social Infrastructure<br />

– Physical Infrastructure<br />

… and to demand higher standards<br />

– Code for Sustainable Homes/<br />

Buildings<br />

• S106 acted as a means of capturing<br />

part of the rise in value of land<br />

Providing property services with business focus<br />

www.glhearn.com


WHERE ARE WE NOW?<br />

• Falling values affecting the viability of development schemes & ability<br />

to support infrastructure<br />

• Fall in capital values of development sites by as much as 50% from<br />

July 2007.<br />

• South East residential land values fallen by 32% from peak to Jan<br />

2009.<br />

• A range of projects have stalled as they are no longer viable, the<br />

developer cannot raise finance or the return is insufficient to justify<br />

the risk<br />

Providing property services with business focus<br />

www.glhearn.com


SCHEMES BECOME UNVIABLE?<br />

• The drop in values will render some schemes unviable<br />

Providing property services with business focus<br />

www.glhearn.com


RESIDUAL DEVELOPMENT APPRAISAL<br />

SCHEME REVENUE (GDV)<br />

Less COSTS (including DEVELOPER’S PROFIT)<br />

= RESIDUAL LAND VALUE<br />

• Residual Land Value for Development Scheme must exceed Existing<br />

Use Value or Alternative Use Value<br />

• Profit on GDV must be sufficient given development risk<br />

Providing property services with business focus<br />

www.glhearn.com


IMPACT OF MARKET TRENDS<br />

• Falling values<br />

• Increasing costs (finance, build)<br />

• Cautious attitudes to risk<br />

Providing property services with business focus<br />

www.glhearn.com


WHERE DOES THIS LEAVE US?<br />

A funding black hole?<br />

• Prospect of<br />

declining public<br />

expenditure in real<br />

terms<br />

• Scheme viability<br />

limiting developer<br />

contributions<br />

Providing property services with business focus<br />

• S106: Asking for<br />

more risks yielding<br />

less<br />

www.glhearn.com


TIME TO REASSESS EXPECTATIONS?<br />

• Reassessing expectations – the boom is bust<br />

• Importance of mainstream funding<br />

• Prioritising investment – some hard choices!<br />

• Pooling contributions<br />

Providing property services with business focus<br />

www.glhearn.com


EFFECTIVE PLANNING REGIME<br />

• Policy framework which provides certainty and defines<br />

priorities<br />

• Short-term/ site specific flexibility<br />

• Setting the ‘terms’ for discussion - Interim Guidance?<br />

• Open and early dialogue<br />

Providing property services with business focus<br />

www.glhearn.com


PROVIDING SHORT-TERM FLEXIBILITY<br />

• Planning consents beyond 3 years<br />

• Reviewing S106 package/ requirements<br />

• Re-phasing infrastructure provision<br />

• Cascade mechanisms for tenure mix<br />

Providing property services with business focus<br />

www.glhearn.com


BENEFITS OF FLEXIBILITY<br />

• In some circumstances, reducing the S106 requirement can make the<br />

scheme viable<br />

• For larger development schemes, the phasing of infrastructure can<br />

have a significant impact on cashflow.<br />

Base With 20% Drop in GDV With Reduced S106<br />

GDV £18,500,000 £14,800,000.0 £14,800,000.0<br />

Land £5,000,000 £5,000,000 £5,000,000<br />

Build £6,000,000 £6,000,000 £6,000,000<br />

Fees £800,000 £800,000 £800,000<br />

S106 £2,000,000 £2,000,000 £450,000<br />

Profit £4,700,000 £1,000,000 £2,550,000<br />

% Profit on GDV 25% 7% 17%<br />

Providing property services with business focus<br />

www.glhearn.com


CAPTURING FUTURE VALUE UPLIFT<br />

• Savills predict house prices will rise 45% over the next<br />

five years.<br />

• Overage/ clawback mechanisms – e.g. Ashford – but<br />

does this conflict with Circular 05/2005?<br />

• For larger schemes, reviewing viability before<br />

commencement of each phase of development<br />

Providing property services with business focus<br />

www.glhearn.com


WHERE NEXT?<br />

• Tariff Mechanisms ?<br />

– Greater certainty but affordable in every case?<br />

– Problems addressing economics of different types/ sizes of site?<br />

– Benefits of pooling and potential to borrow against future receipts<br />

• Tax-increment financing?<br />

• Conservative’s localism agenda and reform of S106?<br />

Providing property services with business focus<br />

www.glhearn.com


KEY POINTS<br />

• Viability modelling is key<br />

• Prioritising infrastructure requirements<br />

• Public and private sector funding<br />

• Open and early dialogue<br />

Providing property services with business focus<br />

www.glhearn.com


The End<br />

<strong>Nick</strong> <strong>Ireland</strong>: Associate Director, GL Hearn<br />

E: nick_ireland@glhearn.com<br />

T: 020 7851 4813<br />

Providing property services with business focus<br />

www.glhearn.com

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