Backland Development
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Sell your garden plot subject to planning in Hadleigh

Here is the shape of a conditional garden plot sale in Hadleigh. Heads of terms come first, setting out the price, the scheme we have in mind and the long-stop date. Solicitors then prepare the contract, and on exchange our interest is noted on your title. We apply to Castle Point Borough Council, and completion follows a satisfactory permission.

Each stage has its own pace. The whole thing usually runs for months rather than weeks, mostly because of surveys and the council’s decision period. Nothing about it is rushed, and nothing is promised that depends on the council.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Castle Point Borough Council
Postcodes
SS7
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Essex

Hadleigh: light, access and policy

Neighbours in SS7 will receive notice of any application on your plot, and some will comment. Castle Point Borough 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 Hadleigh: about 38 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.3 m21 Dec, noon: sun 15°, shadow 18.7 mExistingNew home
This section is worked out for the latitude of Hadleigh: around 38° of sun at midday in late March and about 15° 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.

What happens next in Hadleigh

Here is what to expect in Hadleigh. 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. 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.
  • 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.

Your questions, answered for Hadleigh

Can I still use my garden in Hadleigh 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.

Is a sale subject to planning in Hadleigh 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 Hadleigh 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.

Do I pay for the planning application on my Hadleigh 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.

Other options in Hadleigh

Subject to planning near Hadleigh

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