- Planning authority
- Torbay Council
- Postcodes
- TQ1, TQ2
- Noon sun, 21 March
- About 40°
- Shadow from a 5 m eaves line
- About 6.1 m
- Planning plan
- Local Plan
- County
- Devon
What the council will look at in Torquay
Back gardens in TQ1 and TQ2, as anywhere, tend to be divided by fences, hedges and the odd tree, and a combined scheme has to work with all of them. Old boundary hedges may be habitat worth keeping, and mature trees may need an assessment before anything is designed.
We map these features across all the gardens at once, so the layout keeps what matters and the application to Torbay Council shows how trees and wildlife have been considered. Doing it across the whole site is simpler and cheaper than doing it garden by garden.
From first call to decision
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.
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
- Several owners have to agree, so a combined scheme usually takes longer to set up than a single plot.
- 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 Torquay
Who gets more if one garden in Torquay 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 Torquay 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.
What if one neighbour in Torquay 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.
Will Torbay Council prefer a combined scheme to single plots in Torquay?
It often gives the council a better scheme to assess, with one proper access and more space between homes. But every application is judged on its merits against the council’s Local Plan, and the decision is the council’s. We test the layout against its policies before applying.
Other options in Torquay
- Corner and side plots
- Garage courts and yards
- Garden plot option agreement
- Tandem and landlocked plots
- Plot feasibility and design
- Sell part of your garden