The council has issued a
Section 106 commuted sum.
You don’t have to accept it.

For £300, CTD Consult will tell you whether your scheme qualifies for a formal viability challenge — and if it does, we’ll prepare the assessment that gets it reduced or removed. We’ve been doing this successfully for over 10 years.

Start your pre-assessment — £300 →
See how it works

10+ years of successful challenges

England and Wales

Pre-assessment result in 5 working days

RICS-aligned methodology

The problem

Most small developers accept Section 106 sums
they could have challenged

When a local planning authority issues a Section 106 commuted sum — often tens or hundreds of thousands of pounds — it feels non-negotiable. Most developers absorb it and hope the scheme still stacks up.

But the law is clear: if a Section 106 obligation makes a development financially unviable, the LPA is required to reconsider it. A properly prepared Development Viability Assessment (DVA) or Financial Viability Assessment (FVA) is the formal mechanism for proving that case.

Residential conversions

Converting a building to flats? Commuted sums on these schemes are among the most successfully challenged.

Small housing schemes

5–30 unit new-build developments where S106 obligations are pushing the scheme into a loss.

Affordable housing sums

Commuted sums in lieu of on-site affordable housing provision are a primary target for viability challenge.

England and Wales coverage

We work across all local planning authorities throughout England and Wales.

How it works

Two steps. Clear costs. No surprises.

1
£300 — fixed fee

Pre-assessment review

Send us your planning application reference, the Section 106 sum being requested, and basic scheme details. Within five working days, we give you a clear written opinion on whether a viability challenge is likely to succeed. If we don’t think you have a strong case, we’ll tell you honestly — and you’ll have spent £300 rather than found out the hard way. The £300 fee is credited against the full DVA if you proceed.

2
Fee on application

Full Development Viability Assessment

If the pre-assessment confirms a viable challenge, we prepare the full DVA or FVA on your behalf — built on current build cost data, comparable market evidence, and established RICS methodology. We manage the submission and support you through any queries the LPA raises.

3

Resolution

In the majority of cases we take on, the Section 106 sum is reduced or removed entirely. A single successful challenge typically saves many times the cost of our fee.

A typical example

What a successful challenge looks like

Scheme Conversion of commercial building to 8 residential flats
S106 commuted sum requested £120,000
Pre-assessment outcome Strong case confirmed — challenge recommended
DVA prepared by CTD Consult Demonstrated scheme unviable with S106 obligation attached
LPA decision S106 commuted sum removed in full
Net saving to developer £116,700 after CTD Consult fees

Example is illustrative. Replace with a real anonymised project when available.

Pricing

Clear, fixed fees — no surprises

Start here
£300
Pre-assessment review
  • Written opinion within 5 working days
  • Clear recommendation — proceed or not
  • Credited against full DVA fee if you proceed
  • No obligation to go further
£TBA
Full DVA / FVA
  • Complete Development or Financial Viability Assessment
  • RICS-aligned methodology
  • Formal submission to your LPA
  • Support through LPA queries and negotiation

Client feedback

What developers say

▲ Saving: £247,000 reduced to £22,000

The service I received was exceptional — well beyond my expectations. They protected my interests with determination, as though they were their own, and achieved an outstanding result. The affordable housing commuted sum was reduced from £247,000 to just £22,000. I couldn’t be more satisfied and would highly recommend them.

Spiro Micallef — SM Design and Development
▲ Saving: £116,000 reduced to zero

CTD Consult achieved a remarkable result, reducing my Section 106 commuted sum from £116,000 to nothing. Their skill and dedication exceeded expectations, and I had no hesitation in engaging them again.

Rhys Llewellyn — Llewellyn Investments
▲ 10+ year client relationship

We operate several investment and development companies across London and the UK and have worked with CTD Consult for over 10 years. They have consistently achieved successful appeals against our commuted sums. Their expertise and reliability are invaluable, and we would not hesitate to highly recommend them.

Scott Harris — KHK

Common questions

What developers ask us

That’s exactly what the £300 pre-assessment is for. In general, schemes where the Section 106 sum represents a significant proportion of developer profit — or pushes the scheme into a loss — are strong candidates. Residential conversions and small new-build schemes in areas with high affordable housing targets are particularly common cases. We’ll give you a straight answer after reviewing your specific situation.
No. A viability challenge is a formal, evidence-based process that planning authorities are legally required to consider. It is not confrontational — it is part of the planning system. LPAs deal with viability submissions routinely. Submitting a well-prepared DVA is no different from submitting any other technical document in support of your application.
The pre-assessment is typically returned within five working days. Preparation of a full DVA or FVA usually takes two to four weeks depending on scheme complexity. LPA response times vary — most decisions come within four to eight weeks of submission.
In our experience, the LPA’s own assessor can sometimes dispute our findings. History shows that their counter viability report rarely stands up to scrutiny — and when it doesn’t, you won’t be facing it alone. We will be there with you every step of the way, preparing a formal rebuttal on your behalf and making the case clearly and confidently on your behalf. In virtually every case where we have submitted a rebuttal, the matter has been resolved in the developer’s favour.
We work with developers across England and Wales. Whether your scheme is in London, the South East, South West, Midlands, North of England, or Wales, get in touch and we’ll be happy to discuss how we can help.
Get started

Request your £300 pre-assessment

Tell us about your scheme and we’ll respond within one working day.

A brief outline of your project, e.g "Conversion of a 5 story property into 6 apartments