- Nation
- England
- National planning policy
- NPPF
- Planning authorities
- 14
- City
- Chelmsford
How councils in Essex look at it
Local plans change over time. Councils in Essex review their policies, and a review can alter settlement boundaries, allocate sites or adopt new guidance on garden development. An option gives time to work with that cycle rather than against it, which is one reason options are used where the current policy position under the council’s Local Plan is finely balanced. It isn’t a reason to sign a long option on a simple plot, though. The period should match the planning task, and the agreement should say what we must do within it.
Planning authorities covering Essex include Basildon Borough Council, Braintree District Council, Brentwood Borough Council, Castle Point Borough Council, Chelmsford City Council, Colchester City Council, Epping Forest District Council, Harlow District Council, Maldon District Council, Rochford District Council, Southend-on-Sea City Council, Tendring District Council, Thurrock Council, Uttlesford 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 Essex
- Southend-on-Sea
- Basildon
- Colchester
- Chelmsford
- Harlow
- Grays
- Braintree
- Brentwood
- Clacton-on-Sea
- Benfleet
- Canvey Island
- Billericay
- Loughton
- Rayleigh
- Stanford-le-Hope
- Wickford
- Witham
- Maldon
- Waltham Abbey
- South Ockendon
- Harwich
- Hadleigh
- Walton-on-the-Naze
- Frinton-on-Sea
- Rochford
- Saffron Walden
Questions about option agreement in Essex
How is the price set under a garden plot option in Essex?
Usually by a formula based on the market value of the plot with the permission actually granted, less deductions agreed at the start, with a minimum price underneath. Some options use a fixed price instead. Either way, the method is written into heads of terms before anything is signed.
What is the difference between an option and a conditional contract in Essex?
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 I sell my house in Essex while an option runs on the garden?
Yes, but the option stays attached to the land it covers, and your buyer’s solicitor will see it on the title. Tell us early so the two can be handled together. The order of events can also affect Capital Gains Tax, so take advice from a tax adviser.
Which council decides planning for a garden plot in Essex?
The council for your address decides. The planning authorities covering Essex include Basildon Borough Council, Braintree District Council, Brentwood Borough Council, Castle Point Borough Council, Chelmsford City Council and other councils. Each judges applications against its own Local Plan and the National Planning Policy Framework (NPPF), together with its design guidance. We prepare and submit the application and deal with the council’s questions, but the decision is always the council’s, never ours.