Backland Development
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Sell your garden plot subject to planning in Burnham-on-Sea

Here is the shape of a conditional garden plot sale in Burnham-on-Sea. 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 Somerset 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.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Somerset Council
Postcodes
TA8
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.2 m
Planning plan
Local Plan
County
Somerset

Before you decide in Burnham-on-Sea

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Burnham-on-Sea, the spring equinox sun reaches only about 39° at midday, which means a 5 m eaves line lays down a shadow around 6.2 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 Somerset Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Burnham-on-Sea: about 39 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.2 m21 Dec, noon: sun 15°, shadow 18.3 mExistingNew home
This section is worked out for the latitude of Burnham-on-Sea: 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.

How we’d take it forward in Burnham-on-Sea

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 Somerset 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

  • 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.
  • The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.

Burnham-on-Sea: questions to ask

What if I want to sell my Burnham-on-Sea 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 Burnham-on-Sea 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 Burnham-on-Sea 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.

Do I keep my garden in Burnham-on-Sea 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 Burnham-on-Sea

Subject to planning near Burnham-on-Sea

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