- Planning authority
- Wiltshire Council
- Postcodes
- BA13
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.2 m
- Planning plan
- Local Plan
- County
- Wiltshire
How it plays out in Westbury
Before we suggest a combined scheme for homes in BA13, 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.
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 Wiltshire 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.
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.
Worth checking early
- Every owner’s mortgage lender, title and covenants have to be dealt with, and one problem can hold up everyone.
- 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.
Questions about garden plots in Westbury
Does each Westbury 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.
How many neighbours in Westbury need to take part?
As few as two can be enough. What matters is that the gardens taking part make a workable site and that one of them provides access to the road. We tell you which gardens are essential and which would simply improve the scheme.
Do we each need a solicitor for a combined scheme in Westbury?
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 pays for planning on combined gardens in Westbury?
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.
Other options in Westbury
- Sell subject to planning
- Planning permission for a garden plot
- Joint venture on your garden plot
- Sell part of your garden
- Build a new home in your garden
- Planning promotion for your garden plot