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Derbyshire: the planning picture
Some garden schemes in Derbyshire 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 Derbyshire include Amber Valley Borough Council, Bolsover District Council, Chesterfield Borough Council, Derby City Council, Derbyshire Dales District Council, Erewash Borough Council, High Peak Borough Council, North East Derbyshire District Council, South Derbyshire District 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 Derbyshire
- Derby
- Chesterfield
- Long Eaton
- Ilkeston
- Swadlincote
- Staveley
- Belper
- Heanor
- Alfreton
- Dronfield
- Ripley
- Buxton
- New Mills
- Glossop
- Matlock
Questions about option agreement in Derbyshire
Are my legal fees covered on an option in Derbyshire?
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.
Which councils decide planning on option plots in Derbyshire?
It depends on where the plot sits. Applications in Derbyshire go to the council for the address, among them Amber Valley Borough Council, Bolsover District Council, Chesterfield Borough Council, Derby City Council, Derbyshire Dales District Council and other councils, 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.
What is the difference between an option and a conditional contract in Derbyshire?
Under a conditional contract, both sides are bound from exchange and the sale completes if a satisfactory permission is granted. Under an option, you are bound to sell if we choose to buy, but we aren’t obliged to. Options suit less certain plots; conditional contracts suit clearer ones.
Can you build a new home in my garden in Derbyshire for me to keep?
Yes. Through our design and build route we survey your plot, design a new home with you, apply for planning and, once permission is granted, build it. You keep the land and the new home, to sell, let or use for family. You get a written quote after design and survey, and any earlier guide price is a guide only.