- Planning authority
- North Devon Council
- Postcodes
- EX31
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.2 m
- Planning plan
- Local Plan
- County
- Devon
How it plays out in Barnstaple
Neighbours in EX31 will receive notice of any application on your plot, and some will comment. North Devon 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.
The next steps, locally
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.
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.
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.
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.
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
- Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.
- The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
- The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.
Your questions, answered for Barnstaple
What if I want to sell my Barnstaple 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.
Is a sale subject to planning in Barnstaple 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 keep my garden in Barnstaple 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.
Will my neighbours in Barnstaple be told about the application?
Yes. North Devon 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.
Other options in Barnstaple
- Tandem and landlocked plots
- Plot feasibility and design
- Combine gardens with your neighbours
- Corner and side plots
- Garden plot option agreement
- Planning promotion for your garden plot