Sell your garden plot subject to planning in Cirencester

A sale subject to planning sits halfway between selling your Cirencester garden plot outright and waiting to see what happens. It commits us from exchange, so you aren’t left with an offer that can quietly fade, but it doesn’t move any land until Cotswold District Council has granted permission.

We’re a new brand within the S&K Group, so we won’t claim a long track record. What we can offer is a contract you can read, a price set before the decision, and a scheme designed carefully around the council’s Local Plan. Your own solicitor checks everything before you sign.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Cotswold District Council
Postcodes
GL7
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Gloucestershire

Before you decide in Cirencester

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Cirencester, the spring equinox sun reaches only about 38° at midday, which means a 5 m eaves line lays down a shadow around 6.3 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 Cotswold District Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Cirencester: 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 18.9 mExistingNew home
Noon sun in Cirencester on 21 March sits about 38° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.3 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.

From first call to decision

Here is what to expect in Cirencester. 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. 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.

  3. 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.

  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

  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.
  • 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.

Cirencester: questions to ask

Do I keep my garden in Cirencester 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 Cirencester 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.

Is a sale subject to planning in Cirencester 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 Cirencester 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 Cirencester

Subject to planning near Cirencester

Find out what your garden could become

Free garden plot appraisal. No cost, no obligation, and a straight answer if it won’t work.