Backland Development
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Sell your garden plot subject to planning in Swadlincote

Planning is the biggest unknown on any garden plot in Swadlincote, and a conditional contract is a way of sharing it fairly. We take on the cost and work of the application, normally funding it ourselves. You take on the wait. If the council approves a scheme that meets the agreed definition, we complete at the agreed price; if it doesn’t, you still own the land.

That balance suits plots where a sensible scheme is visible from the start. It suits less well where access is doubtful or a neighbour’s land is needed, and we’ll tell you if yours falls into that group.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
South Derbyshire District Council
Postcodes
DE11
Noon sun, 21 March
About 37°
Shadow from a 5 m eaves line
About 6.6 m
Planning plan
Local Plan
County
Derbyshire

Before you decide in Swadlincote

Neighbours in DE11 will receive notice of any application on your plot, and some will comment. South Derbyshire District Council weighs those comments against planning policy rather than counting them, but a scheme that answers obvious worries about privacy, light and traffic before they are raised usually fares better.

Because you will still be living next door, we agree with you how and when neighbours hear about the plans. Some sellers prefer to speak to adjoining owners themselves before the application goes in; others leave it to the formal notice.

Section showing noon sun and shadows in Swadlincote: 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 20.4 mExistingNew home
This section is worked out for the latitude of Swadlincote: around 37° of sun at midday in late March and about 14° 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

Here is what to expect in Swadlincote. First a phone call, then a desk check of the title and the council’s Local Plan, then a visit if the plot looks promising. If we both want to go ahead, heads of terms set out what we would agree, without obligation, before solicitors draft the conditional contract. The appraisal costs nothing.

  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. 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.

  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.
  • The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
  • 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 Swadlincote

What if I want to sell my Swadlincote 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.

Do I pay for the planning application on my Swadlincote 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.

Is a sale subject to planning in Swadlincote 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.

Who decides the planning application on a conditional sale in Swadlincote?

That is South Derbyshire District 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.

Other options in Swadlincote

Subject to planning near Swadlincote

Find out what your garden could become

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

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