- Planning authority
- Braintree District Council
- Postcodes
- CM8
- Noon sun, 21 March
- About 38°
- Shadow from a 5 m eaves line
- About 6.4 m
- Planning plan
- Local Plan
- County
- Essex
What the council will look at in Witham
On a conditional sale, the contract defines what kind of permission triggers completion. In Witham, that definition has to reflect what Braintree District Council is likely to ask for: access standards, parking, perhaps biodiversity net gain rules, and possibly a contribution or the Community Infrastructure Levy if the council charges it.
Getting this right protects both sides. Set too tightly, a sound permission might not count; too loosely, you could be held to a sale on terms nobody expected. We draft it around the council’s Local Plan and explain every limb of it before you sign.
From first call to decision
After you get in touch about a garden in Witham, 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 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.
- You wait for a planning decision, and possibly an appeal, before you are paid.
Witham: questions to ask
Will my neighbours in Witham 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.
Is a sale subject to planning in Witham 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.
Who decides the planning application on a conditional sale in Witham?
That is Braintree District 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.
What if I want to sell my Witham 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 Witham
- Bungalows on large plots
- Planning promotion for your garden plot
- Combine gardens with your neighbours
- Large rear gardens
- Build a new home in your garden
- Plot feasibility and design