- Planning authority
- Cheshire West and Chester Council
- Postcodes
- CH1
- Noon sun, 21 March
- About 37°
- Shadow from a 5 m eaves line
- About 6.7 m
- Planning plan
- Local Plan
- County
- Cheshire
The local picture in Chester
On a conditional sale, the contract defines what kind of permission triggers completion. In Chester, that definition has to reflect what Cheshire West and Chester Council is likely to ask for: access standards, parking, perhaps biodiversity net gain rules, and possibly a contribution or the Community Infrastructure Levy if the council charges it.
Getting this right protects both sides. Set too tightly, a sound permission might not count; too loosely, you could be held to a sale on terms nobody expected. We draft it around the council’s Local Plan and explain every limb of it before you sign.
The next steps, locally
Getting started takes one message: your address and a rough sketch or description of the land you have in mind. From that we pull the title, look at the planning background and ring you with our view. If a conditional sale looks sensible, we come out to see the garden. Heads of terms follow, and your solicitor reviews them before anything is signed.
Free plot appraisal
We check your title, access, planning history and local policy from our desk, then talk it through with you. If a new home looks realistic, we visit the garden and tell you which route we think suits it best.
Heads of terms
We set out the price or price formula, what counts as satisfactory permission, the long-stop date, how any planning costs are treated and who pays which fees. You see all of it before instructing a solicitor.
Exchange of conditional contracts
Both solicitors agree the contract and the plan of the plot. On exchange, both sides are bound, subject to the planning condition, and our contract is noted on your title so the plot can’t be sold elsewhere.
Completion, or you keep your land
Once a satisfactory permission is granted and any challenge period has passed, the sale completes within the agreed time and the plot gets its own title. If permission is refused and the contract ends, the land stays yours.
Worth checking early
- You wait for a planning decision, and possibly an appeal, before you are paid.
- Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.
- The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
Questions about garden plots in Chester
Can I still use my garden in Chester while the contract runs?
Yes. The plot stays yours until completion, so you carry on using it as garden. The contract will ask you not to build on it, fell trees or grant new rights over it without agreement, and to allow surveyors in from time to time, by arrangement. Your solicitor will point out anything specific.
What if I want to sell my Chester house during a conditional sale?
Tell us as early as you can. The conditional contract is noted on your title, so your house buyer’s solicitor will see it. The two sales can usually be arranged together, but the order matters for the legal work and possibly for Capital Gains Tax, so take advice from a tax adviser too.
Who decides the planning application on a conditional sale in Chester?
That is Cheshire West and Chester Council’s decision as the local planning authority, made under the council’s Local Plan and the National Planning Policy Framework (NPPF). We prepare the application, submit it and answer the council’s questions, but the outcome isn’t ours to control. That’s why the contract has a long-stop date and says what happens if permission is refused.
Will my neighbours in Chester be told about the application?
Yes. Cheshire West and Chester Council publicises applications through letters to neighbours, a site notice, or both, depending on its practice. Neighbours can comment, and the council weighs their views against planning policy. You can choose whether to speak to adjoining owners before the application goes in, and we’ll fit in with what you prefer.
Other options in Chester
- Corner and side plots
- Garage courts and yards
- Large rear gardens
- Build a home for family in your garden
- Joint venture on your garden plot
- Plot feasibility and design