- Nation
- England
- National planning policy
- NPPF
- Planning authorities
- 4
- City
- Chester
How councils in Cheshire look at it
Some garden schemes in Cheshire need a second attempt. A first application may be refused on design grounds that a revised scheme can answer, or an appeal may be worth pursuing. An option can be drafted with that in mind, allowing time for a resubmission or an appeal within the period, or extending it while an appeal is decided. Those provisions should be precise, so you know how long your land could be tied up, and they are a key point for your solicitor to check.
Planning authorities covering Cheshire include Cheshire East Council, Cheshire West and Chester Council, Halton Borough Council, Warrington Borough Council.
How it works
Free plot appraisal
We look at your title, the access, the planning history and the policies that apply, then tell you honestly whether an option, an outright sale or a conditional contract fits your plot best. It costs you nothing.
Heads of terms
We set out the option period, the price formula and minimum price, any option fee, our planning obligations and the cap on your reasonable legal fees, which we cover. Nothing is binding at this stage.
Sign the option
Your solicitor and ours agree the option agreement and the plan of the plot. Once it is signed, the option is noted on your title, and you carry on living in your house and using the garden as normal.
Planning work
We commission surveys, design the scheme and apply for planning, keeping you updated and showing you the drawings before submission. The council decides; if it refuses, the agreement sets out whether we revise, reapply or appeal.
Exercise or lapse
If an acceptable permission is granted, we serve notice, the price is fixed by the formula and the sale completes in the agreed time. If not, the option lapses, the entry comes off your title and the land stays yours.
Option agreement in towns across Cheshire
- Warrington
- Chester
- Crewe
- Ellesmere Port
- Widnes
- Runcorn
- Macclesfield
- Northwich
- Winsford
- Congleton
- Wilmslow
- Sandbach
- Nantwich
- Neston
Questions about option agreement in Cheshire
Are my legal fees covered on an option in Cheshire?
Yes. We cover reasonable legal fees for your solicitor on an option agreement, up to a cap agreed in heads of terms. That lets you take proper independent advice on the agreement, which you should always do before granting an option over any part of your land.
How is the price set under a garden plot option in Cheshire?
Usually by a formula based on the market value of the plot with the permission actually granted, less deductions agreed at the start, with a minimum price underneath. Some options use a fixed price instead. Either way, the method is written into heads of terms before anything is signed.
Which councils decide planning on option plots in Cheshire?
It depends on where the plot sits. Applications in Cheshire go to the council for the address, among them Cheshire East Council, Cheshire West and Chester Council, Halton Borough Council and Warrington Borough Council, and each works to its own Local Plan and the NPPF. During the option period, we submit the application to whichever authority covers your garden and deal with its questions.
Do I need my own solicitor to sell a plot in Cheshire?
Yes, always. Your solicitor checks the contract, deals with the transfer of part at HM Land Registry and asks your mortgage lender to release the plot if the house is mortgaged. On option and promotion agreements we cover your reasonable legal fees, with the cap agreed in heads of terms before work starts.