Sell your garden plot subject to planning in Hawarden

Why not simply apply for planning on your Hawarden garden first and sell afterwards? You can, but it means paying for surveys, drawings and fees yourself, with no buyer committed while you wait. On a sale subject to planning, we do that work and normally carry the cost, and the price is fixed before the council decides.

You still get a say. You see the drawings before submission, and the contract can fix points that matter to you, such as where windows face, how high the new home can be, or who builds the new boundary fence.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Flintshire County Council
Postcodes
CH5
Noon sun, 21 March
About 37°
Shadow from a 5 m eaves line
About 6.7 m
Planning plan
LDP
County
Clwyd

What the council will look at in Hawarden

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Hawarden, the spring equinox sun reaches only about 37° at midday, which means a 5 m eaves line lays down a shadow around 6.7 m long. Come the shortest day, the sun climbs no higher than roughly 13° and the shade stretches far beyond that.

We model those shadows when we design the scheme, because a home that keeps light off your windows and the neighbours’ gardens is easier for Flintshire County Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Hawarden: about 37 degrees on 21 March and 13 degrees on 21 December21 m21 Mar, noon: sun 37°, shadow 6.7 m21 Dec, noon: sun 13°, shadow 21.0 mExistingNew home
This section is worked out for the latitude of Hawarden: around 37° of sun at midday in late March and about 13° at midwinter. It shows why the gap between your house and a new home behind it is about light as well as privacy. Garden assumed to face north.

The next steps, locally

From first enquiry to exchange of contracts usually takes a few months, set mainly by the solicitors and any title questions. The planning stage then runs on its own timetable, depending on surveys and on Flintshire County Council. We keep you updated throughout, share the drawings before submission and tell you as soon as a decision is issued.

  1. 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.

  2. 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.

  3. 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.

  4. 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

  • The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.
  • 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.

Questions about garden plots in Hawarden

Can I still use my garden in Hawarden 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.

Will my neighbours in Hawarden be told about the application?

Yes. Flintshire County 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.

Do I keep my garden in Hawarden if planning is refused?

Yes. Nothing is transferred until a satisfactory permission is granted, so a refusal leaves the land in your ownership. Depending on the contract, we may revise the scheme and reapply, or appeal, before the long-stop date. If that doesn’t succeed, the contract ends and our notice comes off your title.

What if I want to sell my Hawarden 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.

Other options in Hawarden

Subject to planning near Hawarden

Find out what your garden could become

Free garden plot appraisal. No cost, no obligation, and a straight answer if it won’t work.