Backland Development
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Sell your garden plot subject to planning in Ware

Why not simply apply for planning on your Ware garden first and sell afterwards? You can, but it means paying for surveys, drawings and fees yourself, with no buyer committed while you wait. On a sale subject to planning, we do that work and normally carry the cost, and the price is fixed before the council decides.

You still get a say. You see the drawings before submission, and the contract can fix points that matter to you, such as where windows face, how high the new home can be, or who builds the new boundary fence.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
East Hertfordshire District Council
Postcodes
SG12
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.4 m
Planning plan
Local Plan
County
Hertfordshire

The local picture in Ware

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Ware, the spring equinox sun reaches only about 38° at midday, which means a 5 m eaves line lays down a shadow around 6.4 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 East Hertfordshire District Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Ware: about 38 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.4 m21 Dec, noon: sun 15°, shadow 19.0 mExistingNew home
Noon sun in Ware 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 15° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

How we’d take it forward in Ware

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.

  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

  • 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.

Ware: questions to ask

Will my neighbours in Ware be told about the application?

Yes. East Hertfordshire District 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.

Do I keep my garden in Ware 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.

Can I still use my garden in Ware 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.

What if I want to sell my Ware 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.

Other options in Ware

Subject to planning near Ware

Find out what your garden could become

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

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