- Planning authority
- Durham County Council
- Postcodes
- DH2, DH3
- Noon sun, 21 March
- About 35°
- Shadow from a 5 m eaves line
- About 7.1 m
- Planning plan
- Local Plan
- County
- County Durham
Chester-le-Street: light, access and policy
Any option agreement on a Chester-le-Street garden is shaped by the council’s Local Plan. If Durham County Council’s current policies clearly support a new home on your plot, an option probably isn’t needed and a simpler route will serve you better. Where the policy position is balanced, or a review of the plan is under way, an option gives time for the planning case to be made properly. We read the relevant policies and recent decisions on similar plots before suggesting an option, and we explain what we found.
The next steps, locally
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 Durham County 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
- With a market value formula, the final price isn’t known until the option is exercised.
- Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
- Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.
Questions about garden plots in Chester-le-Street
Do I still own my garden in Chester-le-Street during an option?
Yes. An option is a right to buy, not a sale, so the land stays yours until we exercise the option and the sale completes. You carry on using the garden, and the option is noted on your title so the plot can’t be sold elsewhere while it runs.
Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Chester-le-Street 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.
Could my neighbours in Chester-le-Street 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 Durham County Council is more likely to approve.
How long would an option on my Chester-le-Street 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.
Other options in Chester-le-Street
- Sell part of your garden
- Combine gardens with your neighbours
- Planning permission for a garden plot
- Plot feasibility and design
- Planning promotion for your garden plot
- Build a new home in your garden