Sell your garden plot subject to planning in Kington

If your Kington garden could hold a new home but you’d rather not sell it before the planning question is answered, a conditional contract is worth a look. We agree a fixed price, or a formula linked to what the council approves, and exchange contracts. Then we design the scheme, carry out the surveys and apply.

You keep living in your house and using the garden throughout, and you see the drawings before they go to Herefordshire Council. If a satisfactory permission arrives within the agreed time, the sale completes and the plot gets its own title. If not, nothing has been transferred.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Herefordshire Council
Postcodes
HR5
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.4 m
Planning plan
Local Plan
County
Herefordshire

Kington: light, access and policy

Neighbours in HR5 will receive notice of any application on your plot, and some will comment. Herefordshire Council weighs those comments against planning policy rather than counting them, but a scheme that answers obvious worries about privacy, light and traffic before they are raised usually fares better.

Because you will still be living next door, we agree with you how and when neighbours hear about the plans. Some sellers prefer to speak to adjoining owners themselves before the application goes in; others leave it to the formal notice.

Section showing noon sun and shadows in Kington: about 38 degrees on 21 March and 14 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.4 m21 Dec, noon: sun 14°, shadow 19.5 mExistingNew home
Noon sun in Kington on 21 March sits about 38° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.4 m. In December the sun is only about 14° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

From first call to decision

From first enquiry to exchange of contracts usually takes a few months, set mainly by the solicitors and any title questions. The planning stage then runs on its own timetable, depending on surveys and on Herefordshire Council. We keep you updated throughout, share the drawings before submission and tell you as soon as a decision is issued.

  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

  • The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
  • The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.
  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.

Your questions, answered for Kington

Can I still use my garden in Kington 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.

How long might a sale subject to planning take in Kington?

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.

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

That is Herefordshire 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.

Is a sale subject to planning in Kington 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.

Other options in Kington

Subject to planning near Kington

Find out what your garden could become

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