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Welcome to our February 2026 newsletter. In this issue, we will be sharing what’s been happening over the past month, including our two new podcasts highlighting the common pitfalls around S278 and S38 highway approvals, and what the Planning & Infrastructure Bill means for developers in England and Wales, with special guest Mark Harris from HBF Wales. We’re also looking back on our latest article, which explored how unspent S106 and CIL funds create opportunities to review, challenge and optimise legacy obligations, and why combining planning expertise with commercial insight is key to unlocking value. Plus, we are rounding off by showcasing one of our team's achievements.

Webinar: De-risking Infrastructure Design

Earlier in the month, during our lunchtime webinar, De‑risking Infrastructure Design, Ryan Meade and Toby Crayden talked through how to close the gap between design and construction to keep projects moving.

They shared practical tips and live‑project insights on:

  • Gap analysis to spot delivery risk early
  • Real site visits and what desktop reviews miss
  • Early stakeholder engagement to cut late friction
  • Contractor support during design, not just at handover
  • Pre‑start drawing reviews that actually reduced rework
  • Sensible, proportionate RFIs that kept decisions flowing

If you missed it, you can watch it back now to see how to make infrastructure designs stand up once construction begins, so projects progress with greater confidence, fewer surprises, and clearer routes to delivery.

Watch back now

Billions Sitting Unspent in Developer Contributions

Two years after the Home Builders Federation (HBF) first raised the alarm, more than £8bn in developer contributions are still sitting unspent with local authorities. For developers, that isn’t just a policy issue, it’s a commercial one.

Triggers that no longer align with real build programmes, duplicated obligations, outdated viability assumptions and overlooked claw-back provisions all mean many S106 agreements are carrying more cost and risk than they should.

In our latest article, Tori Hall and Ben Wakeling explore how unspent S106 and CIL funds create opportunities to review, challenge and optimise legacy obligations, and why combining planning expertise with commercial insight is key to unlocking value.

Read the full article
A Brookbanks site plan of the Bourn Airfield development

February Podcasts by Brookbanks

Catch-up on this month’s podcast episodes!

Our first podcast episode of the month featured one of our highways specialists, Mark Baldwin, in conversation with host Ben Wakeling. They broke down the Highways Technical Approval process. Mark explained the common pitfalls around S278 and S38 approvals, why technical compliance is so important, how delays impact programmes and costs, and how developers can help streamline approvals by working proactively with local authorities.

The second episode explored nutrient neutrality with our specialist Dean Swann and special guest Mark Harris from the Home Builders Federation (HBF). They discussed why nutrient neutrality continues to shape planning decisions, how Environmental Delivery Plans could change the landscape, and what the Planning & Infrastructure Bill means for developers in England and Wales. They also share how we assess impacts, reduce nutrient loads, and support stalled schemes.

Watch the episodes back via our YouTube channel to learn more about how you could streamline your technical approval process or how changes to Environmental Delivery Plans could be impacting your future projects.

Brookbanks Achievements

Annabel Le Lohe achieves Associate Membership

We’re pleased to share that Annabel Le Lohé has recently achieved Associate Membership (AISEP) with the Institute of Sustainability and Environmental Professionals (ISEP), a fantastic step that reflects her continued commitment to high‑quality environmental practice.

Our Environmental Impact Assessment specialists support a wide range of major UK developments, including large urban expansion schemes of 1,000+ homes, business parks, and significant physical and social infrastructure projects. Maintaining up‑to‑date knowledge and professional accreditation is an important part of ensuring the advice we provide remains robust, well‑informed and aligned with industry expectations.

Well done to Annabel on this achievement, and to all our specialists who continue to invest in their development alongside busy project workloads. If you’d like to talk more about planning or EIA matters, Annabel is always happy to connect on LinkedIn or via email.

Meet Annabel Le Lohe

Annabel Le Lohe, Associate Director at Brookbanks
Associate Director

Annabel Le Lohé

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Let’s Have a Catch-up

Thank you for taking the time to read our newsletter.

We work across the UK and are always happy to connect, either in person or online, to chat about industry challenges, policy updates, or how we can help with a project.

Drop Rachel Appleby, our Group Business Director, an email and she will happily introduce you to any of our team.

Email: rachel.appleby@brookbanks.com

 

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An aerial view of a Brookbanks construction site.

Brookbanks Webinar: De-risking Infrastructure Design

February 18, 2026

Earlier this month, we hosted a lunch-time webinar exploring how infrastructure design can be strengthened well before construction begins. Led by our Civil Engineering specialists Ryan Meade and Toby Crayden, the conversation focused on the practical steps that help to reduce uncertainty and make the transition from design to delivery smoother and more predictable. Their session looked at the real‑world challenges that commonly appear between early drawings and activity on site. Ryan and Toby shared their experience of how early awareness, clearer coordination and the right conversations at the right time can make a measurable difference to project outcomes.

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A row of red brick houses with blue sky and a field in front of them.

Two Years On: Billions Still Sitting in Unspent Developer Contributions and What That Means for Developers

February 18, 2026

Two years after the Home Builders Federation (HBF) first highlighted the scale of unspent developer contributions, more than £8 billion in S106 and CIL remains unused across England and Wales, with a significant portion dormant for over five years. For developers, it raises a critical question: if infrastructure isn’t being delivered, are these obligations still proportionate or commercially justified? This article explores why the issue persists and how reviewing triggers, outdated requirements and opportunities for modification or claw-back can turn S106 from a fixed liability into an actively managed commercial tool that protects viability and unlocks value.

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