- Nation
- England
- National planning policy
- NPPF
- Planning authorities
- 5
- City
- Newcastle upon Tyne
How councils in Tyne and Wear look at it
Some garden schemes in Tyne and Wear 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 Tyne and Wear include Gateshead Council, Newcastle City Council, North Tyneside Council, South Tyneside Council, Sunderland City 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 Tyne and Wear
- Newcastle upon Tyne
- Sunderland
- South Shields
- Gateshead
- Washington
- Wallsend
- North Shields
- Whitley Bay
- Houghton-le-Spring
- Jarrow
- Hebburn
- Tynemouth
- Whickham
- Blaydon-on-Tyne
Questions about option agreement in Tyne and Wear
What is the difference between an option and a conditional contract in Tyne and Wear?
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.
How is the price set under a garden plot option in Tyne and Wear?
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.
Are my legal fees covered on an option in Tyne and Wear?
Yes. We cover reasonable legal fees for your solicitor on an option agreement, up to a cap agreed in heads of terms. That lets you take proper independent advice on the agreement, which you should always do before granting an option over any part of your land.
How long does planning take for a garden plot in Tyne and Wear?
The council usually has eight weeks from validation to decide a small application, though extensions are often agreed, and the whole process takes longer. Surveys, design work, pre-application advice and amendments all add time, and some ecology surveys can only be done at certain times of year. We’ll give you a realistic timetable for your plot rather than a promise.