- Planning authority
- Stratford-on-Avon District Council
- Postcodes
- CV37
- Noon sun, 21 March
- About 38°
- Shadow from a 5 m eaves line
- About 6.4 m
- Planning plan
- Local Plan
- County
- Warwickshire
Before you decide in Stratford-upon-Avon
Any option agreement on a Stratford-upon-Avon garden is shaped by the council’s Local Plan. If Stratford-on-Avon District Council’s current policies clearly support a new home on your plot, an option probably isn’t needed and a simpler route will serve you better. Where the policy position is balanced, or a review of the plan is under way, an option gives time for the planning case to be made properly. We read the relevant policies and recent decisions on similar plots before suggesting an option, and we explain what we found.
What happens next in Stratford-upon-Avon
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 Stratford-on-Avon District Council.
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.
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.
Worth checking early
- Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
- With a market value formula, the final price isn’t known until the option is exercised.
- We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
Stratford-upon-Avon: questions to ask
How long would an option on my Stratford-upon-Avon 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.
Do I still own my garden in Stratford-upon-Avon 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.
Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Stratford-upon-Avon plot?
No. Stamp Duty Land Tax (SDLT) is paid by the buyer of land, so any amount due on completion falls to us. As the seller, you may have Capital Gains Tax to consider, and options have their own rules on timing, so take advice from a tax adviser before signing.
Could my neighbours in Stratford-upon-Avon 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 Stratford-on-Avon District Council is more likely to approve.
Other options in Stratford-upon-Avon
- Build a new home in your garden
- Combine gardens with your neighbours
- Sell subject to planning
- Joint venture on your garden plot
- Planning promotion for your garden plot
- Plot feasibility and design