Backland Development
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Sell your garden plot subject to planning in Braintree

Selling your garden plot in Braintree 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 Braintree District 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
Braintree District Council
Postcodes
CM7, CM77
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.4 m
Planning plan
Local Plan
County
Essex

Braintree: light, access and policy

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Braintree, the spring equinox sun reaches only about 38° at midday, which means a 5 m eaves line lays down a shadow around 6.4 m long. Come the shortest day, the sun climbs no higher than roughly 15° and the shade stretches far beyond that.

We model those shadows when we design the scheme, because a home that keeps light off your windows and the neighbours’ gardens is easier for Braintree District Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Braintree: about 38 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.4 m21 Dec, noon: sun 15°, shadow 19.1 mExistingNew home
Noon sun in Braintree on 21 March sits about 38° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.4 m. In December the sun is only about 15° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

How we’d take it forward in Braintree

After you get in touch about a garden in Braintree, 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. 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

  • 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.
  • 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 Braintree

Can I still use my garden in Braintree 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.

Do I pay for the planning application on my Braintree 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.

How long might a sale subject to planning take in Braintree?

It usually runs for months, sometimes longer. Exchange often takes a few months; surveys and drawings take a few more; and the Planning Portal says most applications are decided within eight weeks of being valid, though garden schemes can take longer. The long-stop date sets the outer limit, agreed with you at the start.

Will my neighbours in Braintree be told about the application?

Yes. Braintree District 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 Braintree

Subject to planning near Braintree

Find out what your garden could become

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