Sell your garden plot subject to planning in Penzance

If your Penzance garden could hold a new home but you’d rather not sell it before the planning question is answered, a conditional contract is worth a look. We agree a fixed price, or a formula linked to what the council approves, and exchange contracts. Then we design the scheme, carry out the surveys and apply.

You keep living in your house and using the garden throughout, and you see the drawings before they go to Cornwall Council. If a satisfactory permission arrives within the agreed time, the sale completes and the plot gets its own title. If not, nothing has been transferred.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Cornwall Council
Postcodes
TR18, TR20
Noon sun, 21 March
About 40°
Shadow from a 5 m eaves line
About 6.0 m
Planning plan
Local Plan
County
Cornwall

The local picture in Penzance

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Penzance, the spring equinox sun reaches only about 40° at midday, which means a 5 m eaves line lays down a shadow around 6.0 m long. Come the shortest day, the sun climbs no higher than roughly 16° 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 Cornwall Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Penzance: about 40 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 40°, shadow 6.0 m21 Dec, noon: sun 16°, shadow 16.9 mExistingNew home
Noon sun in Penzance on 21 March sits about 40° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.0 m. In December the sun is only about 16° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

What happens next in Penzance

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 Cornwall 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.
  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.
  • Once contracts are exchanged you are committed to sell if a satisfactory permission is granted.

Your questions, answered for Penzance

Do I keep my garden in Penzance 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.

How long might a sale subject to planning take in Penzance?

It usually runs for months, sometimes longer. Exchange often takes a few months; surveys and drawings take a few more; and the Planning Portal says most applications are decided within eight weeks of being valid, though garden schemes can take longer. The long-stop date sets the outer limit, agreed with you at the start.

Is a sale subject to planning in Penzance better than an option?

It depends on the plot. A conditional sale binds both sides from exchange and suits a single plot with a clear scheme. An option gives us a right to buy rather than an obligation, and suits plots where the outcome is less certain or the timescale is longer. We’ll recommend one after the appraisal.

Do I pay for the planning application on my Penzance garden plot?

We normally fund the planning application, including surveys and drawings. Any recovery of those costs is agreed in heads of terms before you sign, for example as a deduction from the price at completion. You see the full position before instructing a solicitor, so there are no surprises later.

Other options in Penzance

Subject to planning near Penzance

Find out what your garden could become

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