- Planning authority
- Torbay Council
- Postcodes
- TQ5
- Noon sun, 21 March
- About 40°
- Shadow from a 5 m eaves line
- About 6.0 m
- Planning plan
- Local Plan
- County
- Devon
The local picture in Brixham
Neighbours in TQ5 will receive notice of any application on your plot, and some will comment. Torbay 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
After you get in touch about a garden in Brixham, 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.
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.
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.
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.
Worth checking early
- The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.
- Once contracts are exchanged you are committed to sell if a satisfactory permission is granted.
- The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
Brixham: questions to ask
Is a sale subject to planning in Brixham 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.
What if I want to sell my Brixham 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 Brixham?
That is Torbay 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.
Can I still use my garden in Brixham 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 Brixham
- Build a home for family in your garden
- Sell part of your garden
- Garage courts and yards
- Garden plot option agreement
- Large rear gardens
- Planning promotion for your garden plot