- Planning authority
- Cornwall Council
- Postcodes
- PL25, PL26
- Noon sun, 21 March
- About 40°
- Shadow from a 5 m eaves line
- About 6.0 m
- Planning plan
- Local Plan
- County
- Cornwall
How it plays out in St Austell
During an option on a St Austell plot, most of the work happens with Cornwall Council, testing the scheme against the council’s Local Plan. We usually start with pre-application advice where it is offered, then commission surveys, prepare the drawings and submit the application, keeping you informed at each step.
The new home must meet the Building Regulations as well as planning, so the design allows from the start for bin collection distances and for fire engine access (or other measures, often sprinklers, agreed with building control and the fire service where a fire engine can’t get close enough). If the council refuses, the agreement says whether we revise, reapply or appeal within the option period.
From first call to decision
The first stage, from enquiry to heads of terms, usually takes a few weeks. Agreeing and signing the option itself often takes a few months more, depending on how quickly both solicitors work and whether the title raises questions. The planning work then runs within the option period, at a pace set by surveys, pre-application advice and the decision time at Cornwall Council.
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.
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.
Worth checking early
- Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.
- Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
- We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
St Austell: questions to ask
Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my St Austell plot?
No. Stamp Duty Land Tax (SDLT) is paid by the buyer of land, so any amount due on completion falls to us. As the seller, you may have Capital Gains Tax to consider, and options have their own rules on timing, so take advice from a tax adviser before signing.
How long would an option on my St Austell garden last?
The period is agreed at the start and should match the planning task: long enough for surveys, an application and, where sensible, a revised scheme or appeal, but no longer. On a single garden it is usually much shorter than on farmland. Any extension should be tied to specific events.
What happens to my St Austell plot if the option ends?
It stays yours, and the entry on your title is removed. You’re free to keep, sell or develop the land. If a permission was granted before the option ended, it generally stays with the land, though it will need to be started within its time limit.
Could my neighbours in St Austell be part of the same option scheme?
Yes. Where neighbouring gardens together would make a better scheme, each owner can grant an option on their own land, and an agreement between the owners can share the outcome fairly. It needs careful drafting and everyone’s agreement, and it often produces a scheme Cornwall Council is more likely to approve.
Other options in St Austell
- Build a new home in your garden
- Sell part of your garden
- Joint venture on your garden plot
- Sell subject to planning
- Build a home for family in your garden
- Garage courts and yards