- Planning authority
- Oldham Metropolitan Borough Council
- Postcodes
- M35
- Noon sun, 21 March
- About 36°
- Shadow from a 5 m eaves line
- About 6.8 m
- Planning plan
- Local Plan
- County
- Greater Manchester
Failsworth: light, access and policy
Overlooking decides many garden schemes in Failsworth. With the noon sun at about 36° in late March, when a 5 m eaves line casts shade around 6.8 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. Oldham Metropolitan Borough Council’s own guide decides.
What happens next in Failsworth
The steps for neighbours in Failsworth are: free appraisal, a meeting with the owners, heads of terms, signed agreements, one planning application, then completion and payment of each owner’s share. Setting up a group takes longer than a single plot, and timing depends on the owners, the lenders and the council, so we give ranges rather than promises.
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.
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
- 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.
- Every owner’s mortgage lender, title and covenants have to be dealt with, and one problem can hold up everyone.
Failsworth: questions to ask
What if one neighbour in Failsworth 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.
Do we each need a solicitor for a combined scheme in Failsworth?
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.
Who gets more if one garden in Failsworth 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.
Will Oldham Metropolitan Borough Council prefer a combined scheme to single plots in Failsworth?
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 Failsworth
- Bungalows on large plots
- Planning permission for a garden plot
- Garage courts and yards
- Plot feasibility and design
- Planning promotion for your garden plot
- Tandem and landlocked plots

