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Sell your garden plot subject to planning in Torquay

Selling your garden plot in Torquay subject to planning means agreeing the price now and completing only once permission is granted. Contracts are exchanged at the start, so both sides are committed, but the plot stays in your name until the condition is met. If Torbay Council refuses and the contract ends, you keep your land.

We normally fund the planning application, with any cost recovery agreed in heads of terms before you sign. That lets you benefit from a price informed by planning without paying for drawings, surveys or fees yourself. Our free appraisal tells you whether the plot looks right for it.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Torbay Council
Postcodes
TQ1, TQ2
Noon sun, 21 March
About 40°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
Devon

Before you decide in Torquay

Some of the strongest conditional sales involve more than one garden. If your plot in Torquay is a little narrow, a neighbour’s garden beside it may make a better scheme possible, and the same is true in places nearby such as Paignton, Brixham and Teignmouth. Torbay Council would then judge one application for the combined site. Each owner can sign a separate conditional contract, linked so that none completes unless the scheme for the whole site is approved.

That needs careful drafting and patience, and it isn’t right for every street. When it does fit, it can turn two awkward plots into one good one.

Section showing noon sun and shadows in Torquay: about 40 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 40°, shadow 6.1 m21 Dec, noon: sun 16°, shadow 17.3 mExistingNew home
Noon sun in Torquay on 21 March sits about 40° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.1 m. In December the sun is only about 16° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

What happens next in Torquay

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. 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.

  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 plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
  • Once contracts are exchanged you are committed to sell if a satisfactory permission is granted.
  • You wait for a planning decision, and possibly an appeal, before you are paid.

Torquay: questions to ask

Do I pay for the planning application on my Torquay 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.

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

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 Torquay 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.

What if I want to sell my Torquay 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.

Other options in Torquay

Subject to planning near Torquay

Find out what your garden could become

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