Sell your garden plot subject to planning in Gillingham

Here is the shape of a conditional garden plot sale in Gillingham. Heads of terms come first, setting out the price, the scheme we have in mind and the long-stop date. Solicitors then prepare the contract, and on exchange our interest is noted on your title. We apply to Medway Council, and completion follows a satisfactory permission.

Each stage has its own pace. The whole thing usually runs for months rather than weeks, mostly because of surveys and the council’s decision period. Nothing about it is rushed, and nothing is promised that depends on the council.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Medway Council
Postcodes
ME3, ME4, ME7, ME8
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Kent

Before you decide in Gillingham

Some of the strongest conditional sales involve more than one garden. If your plot in Gillingham is a little narrow, a neighbour’s garden beside it may make a better scheme possible, and the same is true in places nearby such as Chatham, Rochester and Strood. Medway Council would then judge one application for the combined site. Each owner can sign a separate conditional contract, linked so that none completes unless the scheme for the whole site is approved.

That needs careful drafting and patience, and it isn’t right for every street. When it does fit, it can turn two awkward plots into one good one.

Section showing noon sun and shadows in Gillingham: about 39 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.3 m21 Dec, noon: sun 15°, shadow 18.4 mExistingNew home
This section is worked out for the latitude of Gillingham: around 39° of sun at midday in late March and about 15° at midwinter. It shows why the gap between your house and a new home behind it is about light as well as privacy. Garden assumed to face north.

The next steps, locally

Here is what to expect in Gillingham. First a phone call, then a desk check of the title and the council’s Local Plan, then a visit if the plot looks promising. If we both want to go ahead, heads of terms set out what we would agree, without obligation, before solicitors draft the conditional contract. The appraisal costs nothing.

  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.

Gillingham: questions to ask

Can I still use my garden in Gillingham 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.

Do I pay for the planning application on my Gillingham 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.

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

That is Medway 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.

Do I keep my garden in Gillingham 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.

Other options in Gillingham

Subject to planning near Gillingham

Find out what your garden could become

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