- Planning authority
- Braintree District Council
- Postcodes
- CM8
- Noon sun, 21 March
- About 38°
- Shadow from a 5 m eaves line
- About 6.4 m
- Planning plan
- Local Plan
- County
- Essex
The local picture in Witham
A combined scheme in Witham has a wider pool of buyers than a single plot. Once the land has planning, it can be offered to builders and developers working in Witham and nearby places such as Maldon, Braintree and Chelmsford, or further afield, who are often more interested in a site for several homes than in one small plot.
If the neighbours choose a sale with planning, the collaboration agreement sets out how a buyer is agreed. If we buy the site, the price is set by the route chosen. Value depends on location, size, access and the permission Braintree District Council grants, so we don’t quote figures before an appraisal.
How we’d take it forward in Witham
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 Braintree District 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.
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.
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
- Tax depends on each owner’s circumstances, so each should take advice from a tax adviser.
- The owner of the access garden will live beside a shared road, which is why that garden often receives an extra share.
- Several owners have to agree, so a combined scheme usually takes longer to set up than a single plot.
Your questions, answered for Witham
Will Braintree District Council prefer a combined scheme to single plots in Witham?
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.
Can neighbours in Witham 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. Braintree District Council decides any planning application on its merits.
Does each Witham 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.
Do we each need a solicitor for a combined scheme in Witham?
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 Witham
- Large rear gardens
- Bungalows on large plots
- Sell subject to planning
- Tandem and landlocked plots
- Garden plot option agreement
- Planning permission for a garden plot