- Planning authority
- South Derbyshire District Council
- Postcodes
- DE11
- Noon sun, 21 March
- About 37°
- Shadow from a 5 m eaves line
- About 6.6 m
- Planning plan
- Local Plan
- County
- Derbyshire
Swadlincote: light, access and policy
When we look at a garden in DE11 for a possible option, we measure the things that create uncertainty: the width and ownership of the access, the distance to neighbouring windows, the trees and their roots, and the levels across the plot. Those findings decide how long the option period needs to be and what the agreement asks of us.
If access depends on a neighbour, the option holds your plot while we negotiate. If South Derbyshire District Council is likely to want a revised scheme, the period allows for it.
What happens next in Swadlincote
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 South Derbyshire District 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.
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.
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.
- We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
- Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
Swadlincote: questions to ask
Will you cover my legal fees on an option in Swadlincote?
Yes. We cover reasonable legal fees for your own solicitor on an option agreement, up to a cap agreed in heads of terms. Choose a solicitor experienced with development land, and agree the cap with us before they begin, so their fees stay within it.
Do I still own my garden in Swadlincote 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 Swadlincote 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 Swadlincote 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 Swadlincote
- Corner and side plots
- Garage courts and yards
- Sell part of your garden
- Large rear gardens
- Combine gardens with your neighbours
- Planning permission for a garden plot