- Planning authority
- Sevenoaks District Council
- Postcodes
- BR8
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.3 m
- Planning plan
- Local Plan
- County
- Kent
Swanley: light, access and policy
Before we suggest a combined scheme for homes in BR8, we read what the council’s Local Plan says about garden land, design and parking, and we look at past decisions on similar sites nearby. Those tell us how the council has treated backland schemes before.
If policy points against building behind the houses, combining gardens won’t change that, and we’ll say so. If it supports well-designed schemes with proper access, a combined site is often the best way to meet that standard.
How we’d take it forward in Swanley
The steps for neighbours in Swanley 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.
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
- Tax depends on each owner’s circumstances, so each should take advice from a tax adviser.
- 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.
Swanley: questions to ask
Will Sevenoaks District Council prefer a combined scheme to single plots in Swanley?
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.
Who gets more if one garden in Swanley 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.
Do we each need a solicitor for a combined scheme in Swanley?
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.
What if one neighbour in Swanley 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.
Other options in Swanley
- Large rear gardens
- Tandem and landlocked plots
- Garage courts and yards
- Sell subject to planning
- Build a new home in your garden
- Planning promotion for your garden plot