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Staffordshire: the planning picture
Some garden schemes in Staffordshire need a second attempt. A first application may be refused on design grounds that a revised scheme can answer, or an appeal may be worth pursuing. An option can be drafted with that in mind, allowing time for a resubmission or an appeal within the period, or extending it while an appeal is decided. Those provisions should be precise, so you know how long your land could be tied up, and they are a key point for your solicitor to check.
Planning authorities covering Staffordshire include Cannock Chase District Council, East Staffordshire Borough Council, Lichfield District Council, Newcastle-under-Lyme Borough Council, South Staffordshire Council, Stafford Borough Council, Staffordshire Moorlands District Council, Stoke-on-Trent City Council, Tamworth Borough 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 Staffordshire
- Stoke-on-Trent
- Newcastle-under-Lyme
- Burton upon Trent
- Cannock
- Tamworth
- Stafford
- Lichfield
- Kidsgrove
- Burntwood
- Rugeley
- Leek
- Great Wyrley
- Biddulph
Questions about option agreement in Staffordshire
How is the price set under a garden plot option in Staffordshire?
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.
Can I sell my house in Staffordshire 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.
What is the difference between an option and a conditional contract in Staffordshire?
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.
Which council decides planning for a garden plot in Staffordshire?
The council for your address decides. The planning authorities covering Staffordshire include Cannock Chase District Council, East Staffordshire Borough Council, Lichfield District Council, Newcastle-under-Lyme Borough Council, South Staffordshire 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.