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What to know in West Yorkshire
Some garden schemes in West Yorkshire 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 West Yorkshire include Calderdale Metropolitan Borough Council, City of Bradford Metropolitan District Council, Kirklees Council, Leeds City Council, Wakefield 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 West Yorkshire
- Leeds
- Bradford
- Huddersfield
- Wakefield
- Halifax
- Dewsbury
- Morley
- Keighley
- Castleford
- Pontefract
- Batley
- Yeadon
- Brighouse
- Shipley
- Cleckheaton
- Pudsey
- Ossett
- Guiseley
- Normanton
- Rothwell
- Liversedge
- Horsforth
- South Elmsall
- Mirfield
- Heckmondwike
- Bingley
- Kippax
- Baildon
- Elland
Questions about option agreement in West Yorkshire
What is the difference between an option and a conditional contract in West Yorkshire?
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.
Can I sell my house in West Yorkshire 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.
How is the price set under a garden plot option in West Yorkshire?
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.
Which national rules apply to a new home in West Yorkshire?
Garden schemes here sit under the National Planning Policy Framework (NPPF), with the local detail coming from the council’s Local Plan. New homes must also meet the Building Regulations. That affects things such as 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). On drainage you’ll usually need a drainage plan the council will want to see, and land purchases fall under Stamp Duty Land Tax (SDLT). We check which rules apply to your plot as part of the free appraisal.