- Planning authority
- Westmorland and Furness Council
- Postcodes
- LA8, LA9
- Noon sun, 21 March
- About 36°
- Shadow from a 5 m eaves line
- About 7.0 m
- Planning plan
- Local Plan
- County
- Cumbria
Before you decide in Kendal
Overlooking decides many garden schemes in Kendal. With the noon sun at about 36° in late March, when a 5 m eaves line casts shade around 7.0 m deep, and with back windows facing in several directions, space matters.
On a combined site there’s room to turn the new homes, use single-storey elements near boundaries, and keep upstairs windows away from neighbours. Many councils use separation guides of around 21 metres between facing back windows, and around 12 to 15 metres from a back window to a blank side wall. Westmorland and Furness Council’s own guide decides.
From first call to decision
To start, send us the addresses of the gardens involved in Kendal, or just your own if the neighbours haven’t been asked yet. We run a free desk-based check of the titles, access options and planning position, then explain in writing whether a combined scheme looks realistic before anyone talks to the neighbours in detail.
Free appraisal of the combined land
We look at all the titles together, the possible access points, the surrounding homes and the planning policies that apply, then explain whether a combined scheme looks realistic and roughly what it might allow.
Meet the neighbours
We meet the owners together or separately, explain how the scheme and the routes work, and answer questions. We don’t approach your neighbours without your agreement, and nobody is committed at this stage.
Agree how value is shared
Heads of terms set out the route, each owner’s share, any extra for the garden providing the access, what happens if someone drops out, and the cap on each owner’s reasonable legal fees where it applies.
Completion and shares paid
When the site is sold with planning, or bought by us as agreed, each owner transfers their part, and the proceeds are divided through the solicitors exactly as the collaboration agreement sets out.
Worth checking early
- Several owners have to agree, so a combined scheme usually takes longer to set up than a single plot.
- Every owner’s mortgage lender, title and covenants have to be dealt with, and one problem can hold up everyone.
- The owner of the access garden will live beside a shared road, which is why that garden often receives an extra share.
Kendal: questions to ask
Does each Kendal owner keep their own house and garden?
Yes. Each owner keeps their house and an agreed garden for it. Only the land behind is transferred, as a transfer of part at HM Land Registry. New boundaries and fencing for each house are agreed as part of the design.
What if one neighbour in Kendal changes their mind?
Before signing, they can simply step back, and we see whether the scheme still works without their garden. After signing, the agreements decide what happens, and they usually bind whoever owns the house next. Your solicitor will check those clauses carefully.
Who pays for planning on combined gardens in Kendal?
It depends on the route. On a sale subject to planning, we normally fund the application. On planning promotion, nothing is paid upfront and costs are recovered from the proceeds only if a sale with planning happens. On an outright sale, we buy the land as it stands.
Who gets more if one garden in Kendal provides the access?
Usually the owner of the access garden receives an extra agreed share, because their land makes the scheme possible and their house is most affected by passing cars. The exact method is agreed by everyone in the collaboration agreement before planning starts.
Other options in Kendal
- Sell subject to planning
- Joint venture on your garden plot
- Sell part of your garden
- Plot feasibility and design
- Corner and side plots
- Build a new home in your garden