Planning Feasibility Assessment | Charrette Law

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Planning Feasibility Assessment | Charrette Law

Planning Feasibility Assessment | Charrette Law

The landscape of town planning, property development, and site acquisition is fundamentally shaped by understanding the likelihood of securing planning permission before embarking on a project. At the heart of this crucial stage lies the concept of a planning feasibility assessment. For developers, homeowners, architects, and investors, performing a comprehensive planning feasibility assessment is a decisive first step—one that can significantly improve the prospects of project success whilst minimising risk and expenditure. This article provides in-depth insight into the planning feasibility assessment process, its importance, methodologies, and the value an experienced legal advisor brings to the process, particularly with Charrette Law’s expertise in guiding clients through the intricacies of planning law in the UK.

What is a Planning Feasibility Assessment?

A planning feasibility assessment is a methodical appraisal of a site’s or property’s potential for obtaining planning consent from the local planning authority (LPA). This process evaluates the likelihood of planning approval, taking into account compliance with national and local policy, site-specific constraints, technical aspects, and the prevailing political climate.

Unlike simple site searches or due diligence reviews, a planning feasibility assessment delves deeper, assessing every material consideration from the outset. The findings provide a solid evidential basis to support a planning application or, in some cases, a reasoned decision to proceed no further, saving both time and money.

Why is Planning Feasibility Assessment Essential?

Embarking on any physical development—whether residential, commercial, or infrastructure—inevitably involves risk. The planning system in England and Wales is layered, with numerous policies, guidance documents, and technical standards influencing outcomes. A robust planning feasibility assessment mitigates these risks by:

  • Identifying Constraints: Understanding limitations relating to heritage designations, environmental protections, access, land contamination, or flood risk is vital.
  • Revealing Opportunities: Spotting underutilised assets, expansion potential, and policy encouragement (such as town centre regeneration or brownfield development incentives).
  • Reducing Financial Risk: Clear insight into the chances of success means development costs are better targeted, avoiding abortive expenditure on unviable sites.
  • Improving Outcomes: By aligning the development brief with policy and technical requirements, applications are better received by planning officers and stakeholders.
  • Supporting Strategic Acquisition: Investors and developers can negotiate confidently when they recognise a site’s potential and limitations.
Stages of a Planning Feasibility Assessment

A typical planning feasibility assessment involves multiple steps. While each project is unique, the following stages commonly apply:

  1. Desktop Analysis

    The process begins with desk-based research. This phase gathers information on site location, ownership, topography, planning history, and prevailing land use designations, checking databases such as the Land Registry, local plan documents, and online mapping tools.

  2. Policy and Guidance Review

    National planning policy (such as the National Planning Policy Framework), local development frameworks, and supplementary guidance are scrutinised to assess whether the proposal sits comfortably within the legal and policy envelope.

  3. Site Appraisal

    A physical site visit is essential. Observing neighbouring land uses, physical boundaries, environmental features, and amenity impacts allows for robust recommendations, particularly when considering matters like privacy, sunlight, and overlooking.

  4. Constraints Mapping

    The assessment identifies statutory designations (Green Belt, Conservation Areas, SSSIs), infrastructure routes, utilities, and access considerations. Mapping constraints visually can clarify the feasibility of development and inform design solutions.

  5. Planning History Investigation

    Tracing relevant planning permissions, refusals, and appeals highlights precedents and identifies historical policy stances at the LPA level. This background is used to judge what has or hasn’t been acceptable on the site previously.

  6. Stakeholder Analysis

    Understanding the interests of local councillors, statutory consultees, neighbours, and other stakeholders prepares the ground for effective consultation and engagement.

  7. Technical Assessments

    Early identification of the need for reports (such as ecological surveys, transport statements, flood assessments, or archaeological investigations) clarifies any hurdles and timescales involved.

  8. Summary and Recommendations

    The assessment concludes with a summary of findings, providing a clear recommendation—either to pursue an application, revise the development brief, or halt the project.

Key Components Explored in Detail

Let’s explore the core elements of a planning feasibility assessment in greater detail, as understood by Charrette Law’s planning team.

1. Site Constraints and Opportunities

Every site has a distinct planning context. A feasibility assessment must pinpoint all physical and policy constraints—such as boundaries with designated green space, proximity to listed buildings, Tree Preservation Orders, and rights of way. Equally, proximity to transport links or town centres may provide development benefits.

Flood risk and ground stability are classic deal-breakers. Using Environment Agency flood maps or British Geological Survey data can be critical in identifying red (no-go) or amber (proceed with caution) sites.

2. Planning Policy Context

An assessment scrutinises the local plan, neighbourhood plans, and emerging policy changes. Factors include site allocation status (whether earmarked for certain uses), prevailing design codes, affordable housing requirements, and land supply positions.

Where policy is ambiguous, planning case law and appeal precedents are reviewed. Charrette Law specialises in evaluating how national policies interact with local circumstances, particularly when new guidance or policy reforms are pending.

3. Precedent Analysis

A powerful feature of feasibility assessments is the review of planning decisions, both approvals and refusals, on or near the site in question. Where a similar scheme has failed due to loss of light claims or traffic problems, for example, lessons can be learned and incorporated into your proposal.

Successes can highlight the council’s appetite for a type of development or innovative approach. Stringent refusals, on the other hand, guide the drafting of arguments or encourage adaptation of the project brief before significant sums are invested.

4. Access, Highways and Transport

Access to the public highway and the ability to provide safe, policy-compliant vehicular and pedestrian routes is a non-negotiable for most developments. A feasibility study flagging insurmountable road safety, visibility, or parking issues can prevent fruitless planning applications.

Proximity to public transport, cycle infrastructure, and walkability also play increasing roles in determining the acceptability of proposals under modern local plans and the National Planning Policy Framework (NPPF).

5. Environmental and Ecological Issues

With the ongoing elevation of sustainability and biodiversity as planning priorities, environmental constraints demand early attention. Sites falling within habitats of principal importance, areas supporting protected species, or locations identified as Air Quality Management Areas (AQMA) face significant scrutiny.

A robust planning feasibility assessment sets out baseline ecological information and indicates the likely requirements for surveys or mitigation strategies—enabling upfront decisions on scope, budget, and timescale.

6. Heritage and Designated Assets

Sites in Conservation Areas, adjacent to listed buildings, or within the setting of scheduled monuments require careful feasibility analysis. National and local policies are often particularly restrictive here, with design and heritage assessments critical even at the initial stage.

At Charrette Law, the planning feasibility assessment clarifies what forms or scales of development might be acceptable and highlights the need for early dialogue with heritage officers or specialist consultants.

7. Services, Utilities, and Ground Conditions

Infrastructure mapping

Speak with our expert team today and take the next step toward approval and completion.