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Planning Application Feasibility | Charrette Law
Planning application feasibility is a pivotal factor in the successful execution of any development project in the United Kingdom. Applying for planning permission can be a complex, costly and time-consuming process, so it becomes crucial to assess feasibility before embarking on a formal submission. Charrette Law provides expert guidance throughout this intricate journey, helping clients navigate local regulations, mitigate risks, and improve the likelihood of approval. This comprehensive article aims to unpack what planning application feasibility entails, why it is so important, and how it can be approached effectively.
What is Planning Application Feasibility?
Before investing significant resources into a development scheme, it is essential to determine whether it stands a real chance of securing planning permission. Planning application feasibility refers to the early-stage assessment of the potential for a project to obtain this approval. It involves analysing various elements, including local planning policies, site constraints, technical requirements, and the potential for objections. By conducting a feasibility study, clients are better equipped to make informed decisions, refine proposals, and tailor applications to increase their prospects of success.
The Importance of Assessing Feasibility
The stakes are high when submitting a planning application. Application fees can be substantial, professional design and technical inputs are expensive, and protracted refusals often lead to lengthy appeals or sunk costs. Undertaking a comprehensive planning application feasibility assessment can help applicants identify red flags early on. This in turn saves time, minimises wasted expenditure, and boosts confidence in moving projects forward.
Moreover, local authorities are increasingly scrutinising submissions, expecting applicants to demonstrate a considered understanding of context and need for development. Presenting a robust and realistic application not only satisfies these expectations, it also fosters positive engagement with planners and stakeholders.
Key Components of a Planning Application Feasibility Study
A thorough feasibility study will take into account multiple considerations. Here, we outline the fundamental aspects that should be addressed:
- Review of Planning Policy: An appraisal of the relevant national and local planning policies, including the National Planning Policy Framework (NPPF), local plans, and supplementary planning documents. Understanding these frameworks is critical to ensuring the proposal is compliant and addressing policy aims.
- Site Analysis: Assessment of physical, environmental, and infrastructural constraints. This might include factors like flood risk, protected species, heritage designations, accessibility, topography, and utility provision.
- Precedent and Planning History: An examination of the planning history associated with the site and surrounding area to uncover previous applications, refusals, appeals, and approvals. Understanding precedent can indicate potential opportunities or obstacles.
- Community and Stakeholder Context: Identification of stakeholders including neighbours, local councillors, amenity societies, and statutory consultees. This stage considers likely community perspectives and strategies for engagement or consultation.
- Design Considerations: Evaluation of how the design will respond to its setting and policy requirements, such as scale, massing, architectural style, impact on neighbours, and the provision of amenities or affordable housing where relevant.
- Technical Assessments: Consideration of the need for supporting technical documents, such as transport assessments, noise surveys, ecological reports, drainage strategies, and energy statements.
- Financial Viability: A high-level look at whether the development is likely to be financially sustainable, with an understanding of contributions such as Community Infrastructure Levy (CIL) or Section 106 obligations.
Review of Planning Policy Frameworks
At the heart of planning application feasibility lies the local and national planning policy landscape. The NPPF sets out the overarching principles guiding sustainable development, highlighting the need for balancing growth with social and environmental considerations. Each local planning authority (LPA) has its own Development Plan, which gives contextually specific policies governing land-use, density, design, affordable housing, parking standards, environmental protection, and much more.
A robust feasibility assessment involves scrutinising these documents, mapping which policies support or undermine the proposal, and identifying policy gaps or ambiguities. For complex or contentious schemes, it may also be prudent to review neighbourhood plans or recent inspectorate decisions to gauge likely attitudes and evolving policy interpretations.
Understanding Site Constraints and Opportunities
No two sites are identical. A feasibility study must consider all the site-specific factors that can influence the prospects for a successful planning application. Topographical analysis, land contamination, flood risk, proximity to neighbouring developments, access arrangements, and available utilities typically top the agenda.
Where sites are in designated areas – such as conservation areas, Areas of Outstanding Natural Beauty (AONB), Green Belt zones or sites of special scientific interest (SSSI) – the threshold for acceptable change is usually raised. In these cases, additional documentary support might be required, and the strategic approach adapted to reflect these sensitivities.
In addition, many rural sites face unique infrastructure constraints, notably around highways access, parking provision, and availability of water or sewerage. Urban infill sites, conversely, may need careful consideration of daylight, overshadowing, privacy and the impact on established patterns of development.
Planning History and Precedent
Understanding the planning history of a site and neighbouring properties can provide valuable insight into how an application is likely to be received. Previous refusals or successful applications often set a precedent that can either support or hinder new proposals. Reviewing decision notices, officer reports and appeal decisions can reveal precise reasons behind past outcomes and highlight policy or technical challenges yet to be resolved.
Sometimes, overcoming a legacy of refusals requires a reassessment of the scheme’s fundamentals, while positive precedents may allow an application to reference established principles or compliance paths. Where precedent is not clear cut, applicants must be prepared to present compelling evidence and justification.
Community Engagement and Stakeholder Analysis
Planning applications rarely exist in a vacuum. Local residents, interest groups, and elected members often have strong and informed views about new developments. Early engagement can be instrumental in shaping the proposal, addressing concerns, and avoiding entrenched opposition that could derail an application.
A feasibility study should identify key stakeholders and likely consultation routes, whether statutory (such as Highways England, the Environment Agency, Historic England) or advisory (such as local parish councils or amenity societies). Charrette Law often advocates for an early consultation strategy to build trust, clarify misunderstandings, and demonstrate willingness to address material concerns.
Design and Planning Application Feasibility
The design response is increasingly pivotal to planning decisions. Proposals must be sensitive to their context, respecting the character and appearance of the area, while achieving the client’s objectives. Issues such as height, massing, layout, amenity space, landscaping, and materials all come under scrutiny.
Feasibility analysis should therefore test different design approaches, using sketches, 3D visualisations, or massing models to understand how the proposal will be perceived. For certain contexts, design review panels or public exhibitions may further support the development of a robust, policy-compliant scheme.
Technical Requirements and Supporting Documents
Most planning applications will require a suite of supporting technical documents addressing various site and policy issues. At the feasibility stage, it is important to map which assessments will be necessary and identify any show-stopping risks that could inhibit progress. Common requirements include:
- Transport and highways assessments
- Flood risk and drainage strategies
- Ecology and biodiversity net gain reports
- Noise, air quality, and land contamination surveys
- Energy and sustainability statements
- Heritage statements and archaeological appraisals
Identifying these needs early on allows applicants to programme and budget for technical inputs accordingly while flagging where additional time, specialist surveys, or mitigation may be necessary.
Financial Viability and Delivery Considerations
No assessment of planning application feasibility is complete without examining development viability. Many applications are contingent upon meeting affordable housing quotas, infrastructure payments (CIL), or delivering community benefits, all of which have implications for project economics.
Charrette Law advises clients to prepare preliminary development appraisals, comparing construction and acquisition costs against anticipated revenues, and factoring in planning obligations as well as professional and planning fees. Early financial analysis can determine whether a proposal is deliverable or if modifications are needed to ensure a viable and sustainable outcome.
The Role of Pre-Application Advice
Many local authorities encourage applicants to seek pre-application advice from planning officers. This service can provide invaluable feedback, allowing applicants to clarify key issues, test the waters, and identify any insurmountable barriers before submitting a formal application.
Pre-application advice often covers the acceptability of the principle of development, design considerations, likely technical document requirements, and any legal or policy constraints. Recording this advice as part of the feasibility assessment strengthens the evidence base for the application, demonstrating a proactive and collaborative approach.
Risk Management in Planning Application Feasibility
Managing risk is central to any feasibility process. Risks may stem from policy conflicts, technical