Garden plot option agreements in New Milton

If your garden in New Milton has potential but the route to planning isn’t simple, an option may be the most honest arrangement. It recognises that we need time, perhaps to secure access, bring in a neighbour’s land or work through the council’s Local Plan, and that you shouldn’t be asked to sell before that work is done.

You grant the right; we take on the cost and effort of planning. When an acceptable permission is in place, we can buy at the price the agreement sets, usually through a formula with a minimum underneath. Until then, nothing changes hands, and your reasonable legal fees are covered within an agreed cap.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
New Forest District Council
Postcodes
BH25
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
Hampshire

Before you decide in New Milton

Light can decide the size of the scheme an option leads to. Take the figures for New Milton: a midday sun of about 39° in late March means a wall rising 5 m to the eaves shades roughly 6.1 m of ground behind it, and with the December sun near 16°, that shade grows considerably.

Those figures help explain why a plot that could take two homes in one layout might take only one in another. Under a price formula, that difference flows through to the price, which is one reason options suit plots where the outcome is open.

Section showing noon sun and shadows in New Milton: about 39 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.1 m21 Dec, noon: sun 16°, shadow 17.7 mExistingNew home
This section is worked out for the latitude of New Milton: around 39° of sun at midday in late March and about 16° at midwinter. It shows why the gap between your house and a new home behind it is about light as well as privacy. Garden assumed to face north.

What happens next in New Milton

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 New Forest District Council.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

Worth checking early

  • Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.
  • Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
  • Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.

Your questions, answered for New Milton

Do I still own my garden in New Milton 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.

Will you cover my legal fees on an option in New Milton?

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 New Milton 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 New Forest District Council is more likely to approve.

How long would an option on my New Milton 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 New Milton

Option agreement near New Milton

Find out what your garden could become

Free garden plot appraisal. No cost, no obligation, and a straight answer if it won’t work.