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Sell your garden plot subject to planning in Durham

Here is the shape of a conditional garden plot sale in Durham. Heads of terms come first, setting out the price, the scheme we have in mind and the long-stop date. Solicitors then prepare the contract, and on exchange our interest is noted on your title. We apply to Durham County Council, and completion follows a satisfactory permission.

Each stage has its own pace. The whole thing usually runs for months rather than weeks, mostly because of surveys and the council’s decision period. Nothing about it is rushed, and nothing is promised that depends on the council.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Durham County Council
Postcodes
DH1
Noon sun, 21 March
About 35°
Shadow from a 5 m eaves line
About 7.1 m
Planning plan
Local Plan
County
County Durham

The local picture in Durham

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Durham, the spring equinox sun reaches only about 35° at midday, which means a 5 m eaves line lays down a shadow around 7.1 m long. Come the shortest day, the sun climbs no higher than roughly 12° 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 Durham County Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Durham: about 35 degrees on 21 March and 12 degrees on 21 December21 m21 Mar, noon: sun 35°, shadow 7.1 m21 Dec, noon: sun 12°, shadow 24.0 mExistingNew home
This section is worked out for the latitude of Durham: around 35° of sun at midday in late March and about 12° 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.

How we’d take it forward in Durham

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.

  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. Planning application

    We commission the surveys, prepare the drawings, seek pre-application advice where useful and submit the application, normally at our cost. You see the plans before they go in, and the council makes the decision.

Worth checking early

  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.
  • The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.
  • The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.

Your questions, answered for Durham

Do I pay for the planning application on my Durham 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.

Will my neighbours in Durham be told about the application?

Yes. Durham 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 Durham 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.

Can I still use my garden in Durham 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.

Other options in Durham

Subject to planning near Durham

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