Marketing requirements
To prevent the inappropriate loss of land and premises in employment, main town centre or community uses, to demonstrate the relaxation of an occupancy condition, or to demonstrate that no viable use of heritage assets can be found in accordance with tests set out by the NPPF, various policies in the require applicants to undertake marketing exercises.
Evidence should be provided in the form of a Marketing Report to support a planning application. This appendix sets out the Councils’ minimum expectations around the preparation of appropriate marketing exercises and Marketing Reports.
The types of use for which marketing is required before an application may be permitted are set out below, along with the minimum marketing period expected:
Policy: WS/CF – Community, sports, and leisure facilities
- Land use: Community, sports, and leisure facilities and services – Minimum marketing period: 12 months.
Policy: WS/PH – Protection of public houses
- Land use: Public houses – Minimum marketing period: 12 months.
Policy: GP/HA –
- Land use: Listed buildings, as included on Historic England’s National Heritage List – Minimum marketing period: 12 months.
Policy J/PB – Protecting existing business space
- Land use: Land and premises in, or most recently in, employment use outside Strategic Industrial Estates – Minimum marketing period: 12 months.
- Land use: Land and premises in, or most recently in, industrial and storage use on Strategic Industrial Estates – Minimum marketing period: 24 months.
Policy J/RC – Retail and other complementary town centre uses
- Land uses: Main town centre uses, as defined by Annex 2 of the NPPF – Minimum marketing period: 12 months.
Policy J/SA – Cambridge City’s Primary Shopping Area
- Land uses: Main town centre uses, as defined by Annex 2 of the NPPF – Minimum marketing period: 12 months.
Policy J/VA – Visitor accommodation, attractions and facilities
- Land uses: Visitor accommodation – Minimum marketing period: 12 months.
Policy H/DC – Dwellings in the countryside
- Land uses: Non-residential uses outside of a Defined Extent (where an application intends to convert such uses to residential use), and dwellings that support a rural enterprise (where an application is being pursued to remove a rural workers occupancy condition) – Minimum marketing period: 12 months.
There are other policies within the that also set out the need to agree a marketing strategy with the Councils during the determination of a planning application. In these cases, the general principles set out within this appendix may help to inform the creation of an appropriate marketing strategy, but the specific details will need to be confirmed with the Councils on a case-by-case basis.
Marketing strategy
Before marketing begins, a marketing strategy should be prepared which sets out how the property will be marketed. It is strongly advised that the marketing strategy is agreed through pre-application engagement with the Councils prior to the commencement of the marketing exercise. Having an agreed marketing strategy ensures that the strategy is clear and that the proposed marketing exercise meets the Councils’ expectations and complies with relevant policies in the local plan. This will help to mitigate the risk of needing to undertake a further marketing exercise or the risk of a planning application being refused where marketing requirements are set out within planning policy.
As a minimum, the marketing strategy should contain the following details:
- Description of the property: Details of the property’s location, including proximity to settlements (as appropriate), floorspace and layout, car parking facilities and access arrangements, service and utility connections, links to transport networks and general site characteristics.
- Planning details: A summary of the existing planning use, history and any existing restrictions or covenants.
- Details of the marketing agent: Details of the company/agent engaged to enact the marketing exercise, and the basis of instruction to the agent(s), including the length of the marketing exercise.
- Details of the Guide Price or Rental Charges: Guide price for the property which should be commensurate with the current market price for similar premises, derived from an expert valuation by a RICS-registered valuer or accredited member of RICS (see below for further information).
- Intended method of disposal: How the property would be disposed of if a successful bid or offer is made, such as private treaty or informal/formal bids.
- Intended methods of advertising: Details of where the site will be listed and advertised for sale or for let (see below for further information).
Expenditure on marketing should be proportionate to the anticipated return from the property.
Length of marketing exercise
Unless special circumstances apply, marketing exercises will be expected to be continuous and active for the full duration of the marketing periods set out earlier in this appendix – these marketing periods represent minimum requirements, and the Councils will expect marketing exercises to extend for the full length of time stated before an application is submitted.
Exceptions to the stated marketing periods prior to the submission of a planning application may include:
- In cases where: a) an acceptable marketing exercise had been undertaken for the minimum timeframe stated under the relevant planning policy; and b) a period not exceeding 12 calendar months has passed since the conclusion of this marketing exercise, a reduced marketing exercise of 6 calendar months to supplement the previous marketing exercise will be deemed acceptable, subject to the submission of a full Marketing Report setting out the outcomes of all marketing activities undertaken.
- Other special circumstances where a focused marketing strategy with a reduced timeframe has been agreed in writing in advance with the Local Planning Authority.
Incomplete marketing exercises or evidence of minimal effort to secure a sale or let will not be considered sufficient.
Asking price / rental charges
The marketing evidence must show that the property has been actively marketed for sale, or for let, at a realistic price. The premises or site must be marketed at a price and on terms that reflect its current market value for its existing or permitted use, not an inflated or speculative value. Where the price changed during the period of the marketing exercise, the reasons for this should be recorded and included in the marketing report. The asking price and terms should be supported by:
- When marketing premises to let: Comparative evidence and trend analysis of rental values similar premises in comparable locations on similar terms, clearly setting out size, condition, use class, tenure, and rental prices; or
- When marketing premises for sale: Comparative evidence of at least three recent completed transactions involving (where available) similar premises in comparable locations on similar terms, clearly setting out size, condition, use class, tenure, and asking prices following the RICS’ professional standards for Comparable Evidence in Real Estate Valuation (or successor standards); or
- A detailed written valuation from an independent RICS-registered commercial surveyor, confirming the appropriateness of the marketing price and terms in the context of the local market. The professional assessor must have a relevant accreditation from the RICS, and they must not be engaged to market the property.
Marketing terms
The marketing evidence must also show that the property has been actively marketed on appropriate terms. Details of the terms offered should be included in the Marketing Report, along with any changes made to the terms offered during the marketing period and why this change was made.
Additional terms for the marketing of public houses
Both freehold and leasehold options should be made available without restrictive covenants that would otherwise prevent the reuse of the site as a public house, to the extent that other pub operators, breweries, local businesses or community groups wishing to take over the premises and trade it as a pub are not excluded.
Additional terms for leasehold properties
The terms of rent should be flexible and take into account prevailing market conditions. The length of leases should not be unduly restrictive and prevent potentially interested site occupants from viably operating within the site.
Additional terms for the marketing of Assets of Community Value
Following changes made by The Assets of Community Value (England) Regulations 2012 to the Localism Act 2011, certain planning uses can be nominated as assets of community value (ACVs) by community interest groups and included on an ACV list managed by the Local Planning Authorities. ACV status is a material consideration during the determination of a planning application.
When disposing of ACVs, owners of the property are required to notify the local authority responsible for maintaining the local List of ACVs of the intention to dispose of the site. Unless certain conditions stated within the Localism Act 2011 are met, the community interest group has a “community right to bid” during a moratorium period stated within the Act when the landowner is disposing of the property.
When marketing ACVs, the Local Planning Authorities will expect applicants to follow the requirements set out by The Assets of Community Value (England) Regulations 2012 and the Localism Act 2011), in addition to marketing requirements set out in this .
Premises in poor condition
Where premises have been neglected, intentionally damaged, or unlawfully demolished, the exercise should be limited to marketing of the site for redevelopment to reflect the existing use, or for equivalent or alternative uses supported by local planning policy.
Methods of advertising
The scale of marketing efforts should be proportionate to the type and scale of the property being put to market.
The following methods will be deemed acceptable forms of marketing, but a combination of the following is likely to be required for the overall marketing exercise to be considered comprehensive and satisfactory.
Marketing particulars
The site or premises should be marketed for the existing or other planning uses appropriate to the proposal, as detailed previously in this Appendix, and not under a generic “all options” use.
A comprehensive set of marketing particulars, as appropriate to the nature of the site and marketing, must be produced for all types of marketing exercise, and they should include the following:
- Site Location Plan
- Description of the premises
- Guide price or rent
- Current planning use/status
- Photographs of the interior and exterior of the property
- Lease terms (if applicable)
- Building layout/floor plans (for larger or complex sites)
- Details of services and utilities that serve the property
- Energy Performance Certificate (EPC)
- Rateable value and business rates
- VAT status
- Legal/professional costs associated with sale/letting
- Viewing arrangements
- Full contact details for the marketing agent.
Marketing boards
The Local Planning Authorities will expect appropriate marketing boards to be used to advertise a property, specifically:
- A clear and visible “For Sale” or “To Let” board must be placed on-site throughout the marketing period.
- The board should be located in a prominent position, clearly visible from nearby roads and access points.
- For larger commercial or tourism-related premises, larger-format signage with additional information (e.g. guide price, agent contact) is expected.
Online platforms and print publications
Marketing efforts must consider the use of “for sale” or “to let” listing on appropriate online platforms and printed publications. The following platforms should be considered:
- The sales or letting agent’s own website.
- Textbox 256, TextboxLocal and regional newspapers, with ongoing advertisements during the marketing period.
- National commercial property portals (e.g. Rightmove Commercial, Zoopla Commercial, Estates Gazette).
- Specialist trade or industry press (for tourism, retail, hospitality, or other specific uses).
Direct marketing
To ensure the marketing exercise is comprehensive, the use of direct marketing methods should also be considered. This is likely to include:
- Targeted email or postal campaigns to relevant businesses or potential occupiers.
- Where applicable, the agent should make use of an up-to-date commercial contacts database and keep records of all targeted outreach.
Marketing report
Where a property or site has been actively marketed in line with the approach agreed with the Local Planning Authority without success in securing a sale or lease, a detailed Marketing Report must be prepared and submitted alongside any planning application for redevelopment or change of use. The Marketing Report will be considered by the Local Planning Authority to determine whether there is a realistic prospect of continued use for the existing use or other appropriate use(s) relevant to the site and proposal. Detailed below are the components of the Marketing Report that will be expected of applicants.
Marketing strategy and delivery
A copy of the original marketing strategy, clearly outlining:
- The target audience and sectors (e.g. local SMEs, retail, hospitality);
- Chosen marketing methods (e.g. signage, online listings, publications);
- Justification for selected platforms and outreach efforts; and
- The guide price/rent and terms used.
Evidence of implementation of the marketing strategy, including:
- Dated screenshots of online listings
- Photographs of on-site boards and printed materials
- Copies of press advertisements or brochures
Marketing must demonstrate an active, professional, and good-faith effort to secure continued use.
Valuation and market comparison
The Marketing Report must also provide details of how the proposed guide price / rent was determined. This should include:
- An assessment of whether the asking price or rent reflected market value for the use and location; and
- Details of how the valuation complies with the guidance provided under the “Asking Prices / Rental Charges” sub-section above.
Marketing timeline and duration
The Marketing Report should contain details of the following:
- Start and end dates of the continuous marketing exercise; and
- Any gaps or periods where the property was not actively marketed and reasons for this (e.g. contract disputes, renovation).
Record of enquiries, viewings, and feedback
The Marketing Report should include a full log of all enquiries and viewings made during the marketing exercise, detailing dates, feedback, and outcomes. A comprehensive schedule must be provided showing:
- Date and source of each enquiry (e.g. phone, website, agency contact);
- Details of the enquirer, including business type and intended use of the site;
- Whether a site inspection or viewing was undertaken; and
- The outcome of the enquiry:
- If the interested party did not proceed: include reasons why (e.g. size, condition, price, access).
- If an offer was made: details of the offer, and reasons for refusal (where applicable).
The Councils will expect full details to be submitted for consideration, and Marketing Reports that unreasonably or purposefully omit details of enquiries and viewings made during the marketing exercise may not be considered sufficient to discharge local planning policy requirements. Copies of correspondence may be required to evidence the outcomes stated within the Marketing Report.
Assessment of strategy performance and adjustments
If there was a low level of interest in the property, the Marketing Report must explain:
- What adjustments were made during the marketing exercise to increase interest (e.g. reduced asking price, different platforms, extended reach); or
- If no changes were made, provide justification for maintaining the original approach.
Submission of the marketing report
Where local planning policies that contain marketing requirements are relevant to a development proposal, a copy of the final Marketing Report should be submitted as part of a planning application to demonstrate policy compliance.
Where designated heritage assets are to be marketed to test whether they can be brought back into viable use in line with national planning policy tests, a Marketing Report documenting the outcome of the marketing exercise should be submitted as part of a planning application to either:
a. Demonstrate that there is buyer interest in taking the property forward for an alternative, viable use that safeguards the significance of the heritage asset in line with adopted planning policy requirements; or
b. No alternative, viable uses for the designated heritage asset have been identified by the marketing exercise.
The Councils will expect Marketing Reports to be comprehensive to inform decision making; Marketing Reports that do not contain sufficient information, particularly about the enquirers and their intention for the site, will not be considered suitable. Where Marketing Reports contain commercially sensitive information, a redacted copy should be also be submitted as part of a planning application to be published in the public domain during the consideration of the planning application.
The Local Planning Authorities reserve the right to independently verify any marketing evidence submitted and to contact the appointed agent to discuss the marketing exercise. An incomplete Marketing Report would not be accepted as sufficient justification for a change of use or redevelopment. Furthermore, if the Local Planning Authority is not satisfied that the requirements set out in this Appendix have been met then additional marketing may be required before the proposal can be considered acceptable.
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