- Planning authority
- New Forest District Council
- Postcodes
- BH25
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.1 m
- Planning plan
- Local Plan
- County
- Hampshire
What the council will look at in New Milton
Overlooking decides many garden schemes in New Milton. 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. New Forest District 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 New Forest 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
- Several owners have to agree, so a combined scheme usually takes longer to set up than a single plot.
- If the garden providing the access drops out before signing, the whole scheme may not work.
- Planning is still the council’s decision; a combined scheme is often stronger, but it can still be refused.
New Milton: questions to ask
Do we each need a solicitor for a combined scheme in New Milton?
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 New Milton 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.
What if one neighbour in New Milton 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.
Does each New Milton 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 New Milton
- Joint venture on your garden plot
- Garage courts and yards
- Build a home for family in your garden
- Corner and side plots
- Garden plot option agreement
- Sell part of your garden