Sell your garden plot subject to planning in Wells

Selling your garden plot in Wells subject to planning means agreeing the price now and completing only once permission is granted. Contracts are exchanged at the start, so both sides are committed, but the plot stays in your name until the condition is met. If Somerset Council refuses and the contract ends, you keep your land.

We normally fund the planning application, with any cost recovery agreed in heads of terms before you sign. That lets you benefit from a price informed by planning without paying for drawings, surveys or fees yourself. Our free appraisal tells you whether the plot looks right for it.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Somerset Council
Postcodes
BA5
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.2 m
Planning plan
Local Plan
County
Somerset

What the council will look at in Wells

Garden plots vary enormously, from long, straight gardens to wide corner plots, so for a garden in BA5 the first visit is about measuring rather than guessing. We record the plot’s depth and width, the route from the road, levels, trees and the neighbouring windows that face it.

Those measurements decide how the conditional contract is drafted. They feed the price formula, set what counts as a satisfactory permission and show how much time the long-stop date needs. They also give Somerset Council a scheme grounded in the real site rather than an outline on a map.

Section showing noon sun and shadows in Wells: 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 18.2 mExistingNew home
This section is worked out for the latitude of Wells: 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.

From first call to decision

Here is what to expect in Wells. 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. 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.
  • 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.

Questions about garden plots in Wells

Is a sale subject to planning in Wells 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.

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

That is Somerset 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.

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

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.

What if I want to sell my Wells 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.

Other options in Wells

Subject to planning near Wells

Find out what your garden could become

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