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Sell your garden plot subject to planning in Kensington and Chelsea

Here is the shape of a conditional garden plot sale in Kensington and Chelsea. 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 the Royal Borough of Kensington and Chelsea, 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
Royal Borough of Kensington and Chelsea
Postcodes
SW3, SW5, SW7, SW10, W8
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Greater London

The local picture in Kensington and Chelsea

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Kensington and Chelsea, 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 the Royal Borough of Kensington and Chelsea to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Kensington and Chelsea: 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 18.6 mExistingNew home
Noon sun in Kensington and Chelsea 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.

The next steps, locally

Here is what to expect in Kensington and Chelsea. 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. 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 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.
  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.

Kensington and Chelsea: questions to ask

Will my neighbours in Kensington and Chelsea be told about the application?

Yes. The Royal Borough of Kensington and Chelsea 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.

How long might a sale subject to planning take in Kensington and Chelsea?

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.

Can I still use my garden in Kensington and Chelsea 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 keep my garden in Kensington and Chelsea 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.

Other options in Kensington and Chelsea

Subject to planning near Kensington and Chelsea

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