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Sell your garden plot subject to planning in Ilkeston

Here is the shape of a conditional garden plot sale in Ilkeston. 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 Erewash Borough 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
Erewash Borough Council
Postcodes
DE7
Noon sun, 21 March
About 37°
Shadow from a 5 m eaves line
About 6.6 m
Planning plan
Local Plan
County
Derbyshire

What shapes a plot in Ilkeston

Erewash Borough Council judges every application against the council’s Local Plan, and a conditional contract is only as good as the planning case behind it. So before agreeing terms on a garden in Ilkeston, we read the policies on homes in gardens, any guidance on parking and privacy distances, and the council’s recent decisions on similar plots. That tells us what kind of scheme stands the best chance and how long the long-stop date ought to be. If the policies point firmly against a new home, we won’t suggest a conditional sale at all.

Section showing noon sun and shadows in Ilkeston: about 37 degrees on 21 March and 14 degrees on 21 December21 m21 Mar, noon: sun 37°, shadow 6.6 m21 Dec, noon: sun 14°, shadow 20.7 mExistingNew home
Noon sun in Ilkeston on 21 March sits about 37° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.6 m. In December the sun is only about 14° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

How we’d take it forward in Ilkeston

After you get in touch about a garden in Ilkeston, we run the free appraisal and explain which route we would recommend. If it is a sale subject to planning, we draft heads of terms covering the price, the scheme, the long-stop date and costs. Once your solicitor is happy and contracts are exchanged, we begin the planning work.

  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

  • The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
  • You wait for a planning decision, and possibly an appeal, before you are paid.
  • The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.

Ilkeston: questions to ask

What if I want to sell my Ilkeston 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 Ilkeston?

That is Erewash Borough 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.

Do I pay for the planning application on my Ilkeston 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.

Can I still use my garden in Ilkeston 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 Ilkeston

Subject to planning near Ilkeston

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