Sell your garden plot subject to planning in Freshwater

Planning is the biggest unknown on any garden plot in Freshwater, and a conditional contract is a way of sharing it fairly. We take on the cost and work of the application, normally funding it ourselves. You take on the wait. If the council approves a scheme that meets the agreed definition, we complete at the agreed price; if it doesn’t, you still own the land.

That balance suits plots where a sensible scheme is visible from the start. It suits less well where access is doubtful or a neighbour’s land is needed, and we’ll tell you if yours falls into that group.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Isle of Wight Council
Postcodes
PO39, PO40
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
Isle of Wight

The local picture in Freshwater

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Freshwater, the spring equinox sun reaches only about 39° at midday, which means a 5 m eaves line lays down a shadow around 6.1 m long. Come the shortest day, the sun climbs no higher than roughly 16° 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 Isle of Wight Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Freshwater: about 39 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.1 m21 Dec, noon: sun 16°, shadow 17.6 mExistingNew home
Noon sun in Freshwater on 21 March sits about 39° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.1 m. In December the sun is only about 16° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

How we’d take it forward in Freshwater

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 Isle of Wight 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. 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

  • 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.
  • Once contracts are exchanged you are committed to sell if a satisfactory permission is granted.

Freshwater: questions to ask

What if I want to sell my Freshwater 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.

Can I still use my garden in Freshwater 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.

Is a sale subject to planning in Freshwater 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.

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

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.

Other options in Freshwater

Subject to planning near Freshwater

Find out what your garden could become

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