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Sell your garden plot subject to planning in Bury

Here is the shape of a conditional garden plot sale in Bury. 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 Bury Metropolitan 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
Bury Metropolitan Borough Council
Postcodes
BL8, BL9
Noon sun, 21 March
About 36°
Shadow from a 5 m eaves line
About 6.8 m
Planning plan
Local Plan
County
Greater Manchester

What the council will look at in Bury

Garden plots vary enormously, from long, straight gardens to wide corner plots, so for a garden in BL8 and BL9 the first visit is about measuring rather than guessing. We record the plot’s depth and width, the route from the road, levels, trees and the neighbouring windows that face it.

Those measurements decide how the conditional contract is drafted. They feed the price formula, set what counts as a satisfactory permission and show how much time the long-stop date needs. They also give Bury Metropolitan Borough Council a scheme grounded in the real site rather than an outline on a map.

Section showing noon sun and shadows in Bury: about 36 degrees on 21 March and 13 degrees on 21 December21 m21 Mar, noon: sun 36°, shadow 6.8 m21 Dec, noon: sun 13°, shadow 21.7 mExistingNew home
This section is worked out for the latitude of Bury: around 36° of sun at midday in late March and about 13° 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 Bury

Here is what to expect in Bury. 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.
  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.
  • You wait for a planning decision, and possibly an appeal, before you are paid.

Questions about garden plots in Bury

Is a sale subject to planning in Bury 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 pay for the planning application on my Bury 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.

What if I want to sell my Bury 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.

Who decides the planning application on a conditional sale in Bury?

That is Bury Metropolitan Borough 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.

Other options in Bury

Subject to planning near Bury

Find out what your garden could become

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