Garden plot option agreements in Darwen

An option agreement on your Darwen garden plot gives us the exclusive right to buy it once planning is granted, while you carry on owning and using the land. We do the design and planning work, and the price is normally set by a formula agreed before you sign, with a minimum underneath it.

We cover reasonable legal fees for your own solicitor, with the cap agreed in heads of terms. If Blackburn with Darwen Borough Council doesn’t grant an acceptable permission within the option period, or we decide not to buy, the option ends and the plot stays yours.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Blackburn with Darwen Borough Council
Postcodes
BB3
Noon sun, 21 March
About 36°
Shadow from a 5 m eaves line
About 6.8 m
Planning plan
Local Plan
County
Lancashire

What shapes a plot in Darwen

During an option on a Darwen plot, most of the work happens with Blackburn with Darwen Borough Council, testing the scheme against the council’s Local Plan. We usually start with pre-application advice where it is offered, then commission surveys, prepare the drawings and submit the application, keeping you informed at each step.

The new home must meet the Building Regulations as well as planning, so the design allows from the start for bin collection distances and for fire engine access (or other measures, often sprinklers, agreed with building control and the fire service where a fire engine can’t get close enough). If the council refuses, the agreement says whether we revise, reapply or appeal within the option period.

Section showing noon sun and shadows in Darwen: about 36 degrees on 21 March and 13 degrees on 21 December21 m21 Mar, noon: sun 36°, shadow 6.8 m21 Dec, noon: sun 13°, shadow 21.9 mExistingNew home
This section is worked out for the latitude of Darwen: around 36° of sun at midday in late March and about 13° 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.

The next steps, locally

After your enquiry, we carry out the free appraisal and compare an option with an outright sale and a conditional contract for your plot. If you choose the option, your solicitor reviews the agreement before signing, and once it is in place we start the planning work, share the drawings before submission and keep you updated.

  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. 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.

  3. 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.

  4. 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.
  • Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
  • We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.

Darwen: questions to ask

Who decides planning on an option plot in Darwen?

The decision belongs to Blackburn with Darwen Borough 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 Darwen?

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.

What happens to my Darwen plot if the option ends?

It stays yours, and the entry on your title is removed. You’re free to keep, sell or develop the land. If a permission was granted before the option ended, it generally stays with the land, though it will need to be started within its time limit.

Do I still own my garden in Darwen 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.

Other options in Darwen

Option agreement near Darwen

Find out what your garden could become

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