- Planning authority
- Havant Borough Council
- Postcodes
- PO10
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.1 m
- Planning plan
- Local Plan
- County
- Hampshire
What shapes a plot in Emsworth
On a conditional sale, the contract defines what kind of permission triggers completion. In Emsworth, that definition has to reflect what Havant Borough 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.
The next steps, locally
Getting started takes one message: your address and a rough sketch or description of the land you have in mind. From that we pull the title, look at the planning background and ring you with our view. If a conditional sale looks sensible, we come out to see the garden. Heads of terms follow, and your solicitor reviews them before anything is signed.
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 definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.
- 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.
Emsworth: questions to ask
Is a sale subject to planning in Emsworth 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 Emsworth 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.
Do I pay for the planning application on my Emsworth 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.
Will my neighbours in Emsworth be told about the application?
Yes. Havant Borough 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.
Other options in Emsworth
- Plot feasibility and design
- Corner and side plots
- Bungalows on large plots
- Planning permission for a garden plot
- Large rear gardens
- Build a new home in your garden