- Planning authority
- North Yorkshire Council
- Postcodes
- YO22
- Noon sun, 21 March
- About 36°
- Shadow from a 5 m eaves line
- About 7.0 m
- Planning plan
- Local Plan
- County
- North Yorkshire
What the council will look at in Whitby
Overshadowing is one of the first things a planning officer checks on a garden scheme. In Whitby, the spring equinox sun reaches only about 36° at midday, which means a 5 m eaves line lays down a shadow around 7.0 m long. Come the shortest day, the sun climbs no higher than roughly 12° 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 North Yorkshire Council to approve. Sometimes that means a lower roof or a home set further back.
From first call to decision
Here is what to expect in Whitby. 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.
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.
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.
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.
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
- The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
- You wait for a planning decision, and possibly an appeal, before you are paid.
- The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.
Whitby: questions to ask
Do I keep my garden in Whitby 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.
Who decides the planning application on a conditional sale in Whitby?
That is North Yorkshire 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.
Can I still use my garden in Whitby 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 Whitby 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.
Other options in Whitby
- Planning permission for a garden plot
- Sell part of your garden
- Plot feasibility and design
- Tandem and landlocked plots
- Combine gardens with your neighbours
- Garage courts and yards