- Planning authority
- North Devon Council
- Postcodes
- EX31
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.2 m
- Planning plan
- Local Plan
- County
- Devon
What the council will look at in Barnstaple
When we look at a garden in EX31 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 North Devon Council is likely to want a revised scheme, the period allows for it.
How we’d take it forward in Barnstaple
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 North Devon 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.
- Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.
- We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
Barnstaple: questions to ask
Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Barnstaple 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.
Who decides planning on an option plot in Barnstaple?
The decision belongs to North Devon Council, which will weigh the scheme against the council’s Local Plan and the National Planning Policy Framework (NPPF). Our job during the option period is to put in the strongest application the plot allows and answer the council’s questions. The agreement sets out what happens if permission is refused.
Will you cover my legal fees on an option in Barnstaple?
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.
Could my neighbours in Barnstaple 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 North Devon Council is more likely to approve.
Other options in Barnstaple
- Plot feasibility and design
- Sell subject to planning
- Garage courts and yards
- Corner and side plots
- Sell part of your garden
- Combine gardens with your neighbours