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Herefordshire: the planning picture
Pre-application advice can save months on a garden plot. Many councils offer it, usually for a fee, and a written response from a planning officer shows early whether the principle of a new home is acceptable and what the council wants changed. On a conditional sale we normally arrange and fund this before submitting. It isn’t binding on the council, and it doesn’t replace the formal application, but it often shapes the drawings, and it helps both sides judge whether the long-stop date gives enough room.
Planning authorities covering Herefordshire include Herefordshire Council.
How it works
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.
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.
Subject to planning in towns across Herefordshire
Questions about subject to planning in Herefordshire
What surveys might a garden plot in Herefordshire need for planning?
Commonly a measured survey, a tree survey and a preliminary ecology check, plus drainage and sometimes flood risk work. Some ecology surveys can only be done at certain times of year, which affects the timetable. On a sale subject to planning, we normally commission and fund these as part of the application.
Is a sale subject to planning legally binding in Herefordshire?
Yes, once contracts are exchanged. Both sides are committed to complete if a satisfactory permission is granted by the long-stop date. Before exchange, heads of terms aren’t binding, and either side can walk away. Your own solicitor should review the contract before you sign.
How is the price set on a conditional sale in Herefordshire?
Either as a fixed figure or as a formula linked to the permission granted, for example the number or size of homes allowed. Many formulas include a minimum price. Any cost recovery is written into heads of terms before you sign, so you see the full calculation from the outset.
Which council decides planning for a garden plot in Herefordshire?
The council for your address decides. The planning authorities covering Herefordshire include Herefordshire Council. Each judges applications against its own Local Plan and the National Planning Policy Framework (NPPF), together with its design guidance. We prepare and submit the application and deal with the council’s questions, but the decision is always the council’s, never ours.