Backland Development
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Sell your garden plot subject to planning in Nelson, Lancashire

Planning is the biggest unknown on any garden plot in Nelson, 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.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Pendle Borough Council
Postcodes
BB9
Noon sun, 21 March
About 36°
Shadow from a 5 m eaves line
About 6.8 m
Planning plan
Local Plan
County
Lancashire

What the council will look at in Nelson, Lancashire

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Nelson, the spring equinox sun reaches only about 36° at midday, which means a 5 m eaves line lays down a shadow around 6.8 m long. Come the shortest day, the sun climbs no higher than roughly 13° 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 Pendle Borough Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Nelson: about 36 degrees on 21 March and 13 degrees on 21 December21 m21 Mar, noon: sun 36°, shadow 6.8 m21 Dec, noon: sun 13°, shadow 22.1 mExistingNew home
This section is worked out for the latitude of Nelson: around 36° of sun at midday in late March and about 13° 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.

How we’d take it forward in Nelson, Lancashire

Here is what to expect in Nelson. 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. 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.

  3. 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.

  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

  • You wait for a planning decision, and possibly an appeal, before you are paid.
  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.
  • Once contracts are exchanged you are committed to sell if a satisfactory permission is granted.

Nelson, Lancashire: questions to ask

Do I pay for the planning application on my Nelson 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.

Can I still use my garden in Nelson 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.

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

That is Pendle Borough 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.

Will my neighbours in Nelson be told about the application?

Yes. Pendle Borough 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.

Other options in Nelson

Subject to planning near Nelson

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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