- Planning authority
- Havant Borough Council
- Postcodes
- PO10
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.1 m
- Planning plan
- Local Plan
- County
- Hampshire
Emsworth: light, access and policy
Overlooking decides many garden schemes in Emsworth. With the noon sun at about 39° 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. Havant Borough Council’s own guide decides.
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 Havant Borough 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.
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.
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
- Planning is still the council’s decision; a combined scheme is often stronger, but it can still be refused.
- Several owners have to agree, so a combined scheme usually takes longer to set up than a single plot.
- Tax depends on each owner’s circumstances, so each should take advice from a tax adviser.
Emsworth: questions to ask
Who pays for planning on combined gardens in Emsworth?
It depends on the route. On a sale subject to planning, we normally fund the application. On planning promotion, nothing is paid upfront and costs are recovered from the proceeds only if a sale with planning happens. On an outright sale, we buy the land as it stands.
Do we each need a solicitor for a combined scheme in Emsworth?
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.
Will Havant Borough Council prefer a combined scheme to single plots in Emsworth?
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.
Does each Emsworth 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.
Other options in Emsworth
- Build a home for family in your garden
- Large rear gardens
- Garden plot option agreement
- Build a new home in your garden
- Sell subject to planning
- Joint venture on your garden plot