---
title: Planning Obligations, S106, CIL, and the Policy Costs That Shape Your Return
description: "When the Math Don’t Math — The Costs That Can Sink an Uplift Deal\nThere’s a moment in every development project where you look at the numbers — the land cost, the build cost, the sale value — and you realise:\n“These numbers don’t work. The math don’t math.”\nIt’s not always because the idea is bad. Often, it’s because of planning obligations — hidden costs imposed by policy that eat into your uplift.\nIn this article, we break down: - What S106, CIL, and other obligations actually are - How they’re calculated in Oxfordshire - What that means for your returns - And how OLD-Homes navigates these challenges to protect investor capital"
image: https://old-homes.co.uk/hubfs/hero4.jpg
---

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Planning

# Planning Obligations, S106, CIL, and the Policy Costs That Shape Your Return

![Will Mallard](https://7528315.fs1.hubspotusercontent-na1.net/hub/7528315/hubfs/raw_assets/public/mV0_d-cms-elevate-theme_hubspot/elevate/images/avatar-placeholder.jpg?width=48&height=48&name=avatar-placeholder.jpg)

 Will Mallard

December 1, 2025

 

**When the Math Don’t Math — The Costs That Can Sink an Uplift Deal**

There’s a moment in every development project where you look at the numbers — the land cost, the build cost, the sale value — and you realise:

*“These numbers don’t work. The math don’t math.”*

It’s not always because the idea is bad. Often, it’s because of **planning obligations** — hidden costs imposed by policy that eat into your uplift.

In this article, we break down: - What S106, CIL, and other obligations actually are - How they’re calculated in Oxfordshire - What that means for your returns - And how OLD-Homes navigates these challenges to protect investor capital

---

### 1. What Are Planning Obligations?

Planning obligations are contributions that developers must make to get planning permission. They fall into three main categories:

#### *1. Section 106 (S106) Agreements*

These are negotiated, site-specific commitments. They can include: - Affordable housing quotas - Highway improvements - School or healthcare contributions - Public open space or play areas

#### *2. Community Infrastructure Levy (CIL)*

A flat-rate charge per square metre of new development — varies by council and zone. For example: - In parts of South Oxfordshire, **CIL is £150–£200/m²** for residential - That’s **£20,000–£30,000 per flat**, just for the privilege of building it

#### *3. Emerging Policy Costs*

From 2024, developers in England must also account for: - **Biodiversity Net Gain (BNG)**: New habitats or offset credits - **Sustainable construction standards** - **Carbon and water neutrality contributions**

These aren’t optional extras. They’re part of planning consent — and they affect viability.

---

### 2. Oxfordshire-Specific Examples

According to the **2024 Joint Viability Study for South Oxfordshire and Vale of White Horse**, these policy costs can erode profit significantly: - In higher-value areas, uplift can usually absorb these obligations - In marginal zones, even a modest CIL charge or 20% affordable quota can push schemes below viability

They modelled dozens of site types — small infill plots, conversions, strategic sites — and found: > *“Sites under 10 units with full policy compliance were often unviable without reductions in affordable housing or cost inputs.”*

In plain English: **if you’re not watching the policy line items, you’re building an investment on fantasy.**

---

### 3. Why This Matters for Private Investors

From your perspective, this matters for one big reason:

**Planning obligations don’t show up in glossy brochures — but they can kill your return or the project for the developer.**

Let’s say: - You fund a project expecting £250k uplift - CIL = £40k, BNG offset = £20k, affordable quota cuts sales income by £50k

Suddenly your £250k margin is **£140k** — and that’s before build or sales exit risks.

This is why OLD-Homes front-loads our due diligence: - **We consult viability consultants and planners before acquisition** - **We pre-negotiate obligations where possible** - **We model worst-case policy outcomes AND plan B AND plan C — not best-case dreams**

Because we’re not interested in hope. We deal in *reality that returns, that includes fall-back scenarios*.

---

### 4. “Hope vs. Homework” — Managing Uplift Risk

When newer developers or their investors get excited about planning gain, they often forget these costs. They assume: - “Planning permission = profit”

But unless the **residual value accounts for the obligations**, your planning uplift might be a mirage.

Our rule of thumb: > If the deal doesn’t work *after* full policy load — don’t bank on ‘working it out later’.

We’ve walked away from many, many more deals than we’ve taken forward. Why? Because **when the math don’t math, you don’t force it.**

That’s what protects capital.

---

### 5. Local Knowledge Is the Only Real Edge

Here’s the truth: these obligations are often negotiable — *if* you know what you’re doing.

Examples: - Some zones have **CIL exemptions** for change-of-use from commercial to residential - Small sites can sometimes negotiate **off-site affordable contributions** instead of onsite units - Strategic discussions with local housing officers can reduce quotas based on viability

But these conversations only happen when you’re *in the room* — and when you have a track record.

That’s why investing with a **local, Oxfordshire-based team** matters. We don’t just quote policy — we understand how it’s applied in real planning meetings.

---

### 6. What This Means for Your Investment Strategy

As a third-party investor, you want projects that: - Have already accounted for obligations *before* you fund - Include **headroom** for changing costs or policy surprises - Are run by teams who’ve done this before, in this area

At OLD-Homes, every project appraisal includes: - Line-item modelling of all known and likely obligations - Independent checks with QS, planning consultants, and council policy officers - A strategy for mitigation or adjustment if obligations change

That’s how we **protect your capital and maintain the viability of the deal.**

---

### Call to Action

Don’t let silent costs erode your expected return. And don’t invest in planning gain projects that haven’t dealt with obligations *head on*.

Want to see a real-life planning obligations model and how we stress test deals? [Request a sample viability pack](https://docs.google.com/document/d/1U8PTNiT7xsR2NgyOnTItyDAy3JZoaR0F/edit#bookmark=id.660o0sag764) or [book a planning-focused investor call](https://docs.google.com/document/d/1U8PTNiT7xsR2NgyOnTItyDAy3JZoaR0F/edit#bookmark=id.660o0sag764) today.

---

**Next in the Series:**  
*Case Studies of Value Uplift in Oxfordshire & Comparable Regions*

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## Keep reading

### [Planning Investor Structures — How Private Capital Participates in Planning-Led Value Creation](https://old-homes.co.uk/insights-blog/investor-structures-how-private-capital-participates-in-planning-led-value-creation)

### [Planning Risk, Sensitivity & Mitigation in Uplift Deals](https://old-homes.co.uk/insights-blog/risk-sensitivity-mitigation-in-uplift-deals)

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