Strategic Land and Planning Advisory

Our key goals are to help our clients (which include developers, land promoters and land owners) to navigate the land promotion and planning process successfully and to maximise their returns. Strategic land or development and strategic planning are intertwined in achieving these aims. All sites, regions and strategies are different and together with our strong project management and development consultancy team, we aim to help execute a deliverable proactive strategy which achieves the aim of delivering development in an efficient and enhanced manner.

Strategic land promotion of greenfield land mostly requires a land owner and a developer or strategic land promoter to enter into an agreement (promotion, hybrid promotion or option). The most used agreements are the promotion and option agreement.

Promotion agreements are popular with land promoters as it ensures their interests are aligned with those of the landowner in achieving best value for the site, given the site will be offered to the open market with the benefit of planning permission at the appropriate time. The promoter takes on the full risk of promoting the site and only when the site achieves a planning permission, is it then sold in the open market. The promoter will seek a return on their costs and a percentage of market value, being representative of the risk taken in the promotion.

Option agreements are similar but provide the housebuilder with the option to acquire the site if a satisfactory planning permission is obtained following the valuation process. The option agreement is more complex than the promotion, as a series of notices must be served by the housebuilder before the purchase price is determined. There is usually a complex negotiation process involved to determine the purchase price, as all development, infrastructure and Section 106 costs must be determined as part of the market value calculation of the land.

The obligations and timescales within either a promotion or option are critical to ensure clients have the opportunity of maximising their commercial terms in a reasonable period.

It is our role to either act for a developer/land promoter to formulate an offer to landowners and their representatives or to work directly for landowners and guide them through this process. This will involve working with both parties’ legal advisors.

Our core services include:

  • Strategic land identification and studies.
  • Working closely with landowners, developers and land promoters to secure landowner agreements (promotion, option or hybrid promotion).
  • Planning appraisals, due diligence, site-specific planning strategies and strategic planning advisory services.
  • Project management of the planning promotion process, working closely with the client, landowners and their agents.
  • Liaising with Local Authority teams, statutory consultees and the community to help inform and support the planning application process.
  • Making Local Plan and Neighbourhood Plan representations.
  • Preparing pre-application submissions.
  • Managing planning applications and appeals.
  • Advising on Section 106.
  • General planning advice.

Our team is small and very interconnected in all that we do.

 


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