- Planning authority
- Torbay Council
- Postcodes
- TQ3, TQ4
- Noon sun, 21 March
- About 40°
- Shadow from a 5 m eaves line
- About 6.1 m
- Planning plan
- Local Plan
- County
- Devon
The local picture in Paignton
Overlooking decides many garden schemes in Paignton. With the noon sun at about 40° in late March, when a 5 m eaves line casts shade around 6.1 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. Torbay Council’s own guide decides.
The next steps, locally
Once the group is interested, we meet the owners, together or one by one, and set out the routes and how equalisation would work. Heads of terms follow. Each owner’s own solicitor reviews the collaboration agreement and the sale, option or promotion documents, and lenders are asked to consent early. Then the single application goes to Torbay Council.
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.
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
- Planning is still the council’s decision; a combined scheme is often stronger, but it can still be refused.
- The owner of the access garden will live beside a shared road, which is why that garden often receives an extra share.
- Tax depends on each owner’s circumstances, so each should take advice from a tax adviser.
Questions about garden plots in Paignton
What if one neighbour in Paignton 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 gets more if one garden in Paignton 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.
How many neighbours in Paignton need to take part?
As few as two can be enough. What matters is that the gardens taking part make a workable site and that one of them provides access to the road. We tell you which gardens are essential and which would simply improve the scheme.
Do we each need a solicitor for a combined scheme in Paignton?
Yes. Each owner has different interests, a different title and possibly a mortgage, so each needs independent advice. On option and promotion agreements we cover each owner’s reasonable legal fees up to the cap agreed in the heads of terms.
Other options in Paignton
- Tandem and landlocked plots
- Build a home for family in your garden
- Planning permission for a garden plot
- Garden plot option agreement
- Bungalows on large plots
- Large rear gardens