- Planning authority
- Amber Valley Borough Council
- Postcodes
- DE56
- Noon sun, 21 March
- About 37°
- Shadow from a 5 m eaves line
- About 6.6 m
- Planning plan
- Local Plan
- County
- Derbyshire
Belper: light, access and policy
Overlooking decides many garden schemes in Belper. With the noon sun at about 37° in late March, when a 5 m eaves line casts shade around 6.6 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. Amber Valley Borough Council’s own guide decides.
The next steps, locally
To start, send us the addresses of the gardens involved in Belper, 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.
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.
Collaboration agreement
Each owner’s own solicitor reviews the documents, and everyone signs a collaboration agreement alongside the sale, option or promotion agreement. Mortgage lenders are asked to consent early, and the agreements are usually protected on each title.
One planning application
We prepare and submit a single application for the whole site, with one shared access and a layout designed around all the existing homes. The council decides it, and nobody can promise the result.
Worth checking early
- Every owner’s mortgage lender, title and covenants have to be dealt with, and one problem can hold up everyone.
- If the garden providing the access drops out before signing, the whole scheme may not work.
- Planning is still the council’s decision; a combined scheme is often stronger, but it can still be refused.
Your questions, answered for Belper
Who gets more if one garden in Belper 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.
Does each Belper 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.
Can neighbours in Belper combine their back gardens for new homes?
Yes, where the gardens adjoin and there’s a workable access. Each owner keeps their house, the land behind is planned as one site, and a collaboration agreement sets out how the value is shared. Amber Valley Borough Council decides any planning application on its merits.
What if one neighbour in Belper 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.
Other options in Belper
- Sell subject to planning
- Large rear gardens
- Garden plot option agreement
- Tandem and landlocked plots
- Bungalows on large plots
- Build a new home in your garden