Case Study Flashcards

1
Q

Why was an SPD used for this application?

A

To control the general principles of the development (add detail to LPA allocation)

This was in the transition for when the previous AAP could not be used at this point.. stop gap approach

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2
Q

How much weight does an SPD have?

A

Legally, not part of the Local Plan (no independent examination)
Material consideration in determining planning applications

They are not a DPD like an Area Action Plan

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3
Q

Why is the planning permission not deemed satisfactory?

A

Must be deemed acceptable to the developer ‘acting as a reasonable and commercially minded developer’

Option outlines once commencement begins cannot stop. CP has 3mos at the end of one phase to issue the next notice.

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4
Q

What information did you include with your data room?

A
Property Description
Location Plan
Residential Market Report (supporting assumptions)
Vision Statement & Precedents
Option Terms Summary (NDA)
Financial Model
Planning History/Summary 
Planning App Docs (Masterplan, Parameter, DAS)
Technical Site Investigations
Archelogy Report
Utilities Report
Historic Cost
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5
Q

What options do you have to vary the planning condition and which do you advise?

A

S73 Application TCPA 1990 (recommended as you bank the PP no risk of going back to committee for the whole application)

More extreme
Appeal Non-Determination
Appeal the condition

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6
Q

Why do you believe the planning condition needs amending?

A

NPPF para 55
Not meet each of the tests of a condition;
*Necessary - (Monitor & Manage)
*Precise - (Definitions of ‘STI’ & ‘Delivered’)
*Reasonable - (Cap but there is an Outline)
Enforceable
Relevant to planning
Relevant to the development

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7
Q

How did you compose your strategy?

A

Option: DD Ph1 40-45ac private, 15-17ac (60% private)

S106: Busway, First school & Mixed Use Hub

Masterplan: Dual entrances set scene, infra & POS delivery, safe exit which has now changed

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8
Q

You mention the exit strategy is important, could you explain this and how was this incorporated?

A

Delivery of finished roads for purchasers, sale & stakeholders taking site inspections

Important to not to build into a corner and you cannot deliver that parcel to the market

New strategy single start and ending out to the west clockwise

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9
Q

When you undertook your site investigation were your initial observations?

A
  • Approached from A428 (benefit), this is a major road but local roads are very resident (some rural)
  • Surprised by how many uses are currently there hangars, employment land, some farming, crane equipment
  • Fall from north to south is noticeable
  • Mature vegetation to east buffering HC
  • Cambourn not built out
  • Scale of runways is vast
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10
Q

How are the other strategic allocations within the SC Local Plan performing?

A
  • Northstowe (Gallagher & HE) 10,000 well progressed w/ primary school and secondary schools open
  • Waterbeach (U&C) 6,500 sold first parcel to SB developer
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11
Q

How can an appeal be made and why was this not advised?

A

Appeals are made to the SoS (within 6MOs)
A planning inspector is handed the case unless it is called in

Written Reps - reps and site visit smaller schemes
Informal Hearing -parties discuss before an inspector
Public Inquiry - cross-examination of parties and 3rd parties

This was not advised as it brings into question the entire scheme (risk) and third party

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12
Q

How did the Knight Frank Report Cost and Value impact your decisions?

A

This supported my Clients aspiration for a value-add approach to development;
Analysis of multiple schemes, found a 15% value premium (compared with other schemes in that market)
Value goes beyond housing as Poundbury created 1.3 jobs per house and 44% public transport use
Larger dwellings GDV not dilluted as 123% better at Arccodia

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13
Q

What is the role of the masterdeveloper?

A

Overall remit to ensure the scheme works managing the landowner negotiations and planning promotion w/local authority

  • Intermidiatary between the site and third party developers
  • Bringing forward serviced land
  • Procurement & delivery of the infrastructure
  • Select developers
  • Manage scheme S106 obligations & conditions
  • Monitor site delivery and viability
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14
Q

What were some of the major risks in the project?

A
  • Planning risk: permission and viability
  • Capital Outlay & peak funds £74m (Mar-24)
  • Energy strategy / Build cost uplift if first homes delivered in 2023 (FHS/25)
  • Busway: delivered by GCP required for transport strategy
  • Land Purchase £21m
  • Infra & S106 Costs: £12m Ph1 Infra, £5m interim transport,
  • Unknowns: asbestos (previously UXO & archaeology)
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15
Q

Which triggers did you adjust on the S106?

A

Favourable timing for early costs (profile)
Self build 5%>1%
Remove travel plan coordinator
Confirmed what was land take and financial contributions

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16
Q

What guidance from the NPPF was there on affordable housing?

A
Affordable required on all Major Development 
Annex provided definitions of different tenures;
Aff rent (social & aff), Starter Homes, Discount Market Sale, Other - SO, intermediate rent
17
Q

What considerations or implications are there on entering into a JV?

A
Tax liability (LLP, LTD etc)
Voting rights
Dispute resolution
Roles & responsibilities
Assignment 
Strategy & Business Plan
18
Q

What would you find in the business plan?

A

Project specific business plan:
Current Key Issues: Land, Planning, Technical
Financial Report; Forecast & Budget Variances, Dividend
Land Sales
H&S Report
ESG & PR

19
Q

What’s the process for an informal tender?

A
Appoint agent 
Compile Data Room 
Invite offers
Invite interviews for best offers
Best and final Bids & Selection
*Vendor reserves the right to not accept the highest or any bids (required to be informal)
20
Q

How did/would you invite final bids in a letter?

A
Date and Time of deadline
Name and Address of solicitor / vendor
Confirmation of financial arrangements
Conditions related to the offer
Confirmation variable offers will not be accepted (e.g. escalators)
21
Q

If a late offer was to be sent in past the deadline how would you proceed?

A

I would follow the process outlined within the invitation letter otherwise;

  • Share the bid with the client in line w/Estate Agents Acts 79’
  • Advise against accepting late bids as this is unethical (TRUST)
22
Q

If a late offer was to be sent in past the deadline how would you proceed?

A

I would follow the process outlined within the invitation letter otherwise;

  • Share the bid with the client in line w/Estate Agents Acts 79’
  • Advise against accepting late bids as this is unethical (TRUST)
23
Q

What are the differences in a formal and informal tender?

A
  • Single round of bids
  • Detailed T&Cs produced by vendor
  • Highest offer accepted unless right reserved
  • FT has potential to go straight to contracts / Inf likely to go to Private Treaty
24
Q

What would be included within an agency appointment (considerations)?

A
EAA 1979 Section 18 & 21 (Terms & Personal Int)
Agency basis - Sole Agent
Agency rights - JV Partner
Proposed Fee (sensitive 1-3% purchase)
CoI Confirmation
Compliance with Money Laundering Regs
Marketing Costs & Disbursements
Details of Complaints Handling Procedure
Timescale for payment of fees
25
Q

What was the Purple land PP and how did this impact your advice/masterplan?

A

Gestamp Factory redevelopment Application:
Warehousing, Distribution, Light Industry, R&D, Gym, Nursery, Restaurant, Cafe

Moved the gym to VC1 away from site
Masterplanning before me has considered
Employment use adjacent to the site
Collab with the Developer for them to consider the built form and boundaries

26
Q

Could you clarify your advice in respect of the Commercial Strategy advice?

A

Secure a planning permission
Either Dispose of the outline to an investor/developer
or Dispose fully built & let asset to an investor

27
Q

What are the steps to obtaining a satisfactory planning permission post-RtG?

Then when can you build?

A

Negotiate a S106
Clear JR period of 6 Weeks
Vary condition

Price Notice to LO
HB Purchase site
RM App
Discharge Pre-commencement conditions

28
Q

Could you expand on the relationship between planning risk and value?

A

-

29
Q

Why did you not seek financial and technical support sooner?

A

Technical teams strategy was still being considered as my strategy was being undertaken so i should push to understand their broad assumptions

Finance was to be driven by my assumptions - so next time i can outline a number of outlets, sales rate to inform the interim brief

30
Q

What other sources of finance are there outside of a joint venture and did you consider these?

A

-

31
Q

Why did you miss the initial planning permission deadline?

A

Advised given the political pressure and committee report that a refusal was likely in December 20’

It was pushed back with amendments removing a resi parcel to the NE & updated landscape strategy