Sell your garden plot subject to planning in Burton upon Trent

Planning is the biggest unknown on any garden plot in Burton upon Trent, 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.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
East Staffordshire Borough Council
Postcodes
DE13, DE14
Noon sun, 21 March
About 37°
Shadow from a 5 m eaves line
About 6.6 m
Planning plan
Local Plan
County
Staffordshire

The local picture in Burton upon Trent

Some of the strongest conditional sales involve more than one garden. If your plot in Burton upon Trent 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 Swadlincote, Lichfield and Tamworth. East Staffordshire Borough 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 Burton upon Trent: about 37 degrees on 21 March and 14 degrees on 21 December21 m21 Mar, noon: sun 37°, shadow 6.6 m21 Dec, noon: sun 14°, shadow 20.4 mExistingNew home
This section is worked out for the latitude of Burton upon Trent: around 37° of sun at midday in late March and about 14° 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

After you get in touch about a garden in Burton upon Trent, we run the free appraisal and explain which route we would recommend. If it is a sale subject to planning, we draft heads of terms covering the price, the scheme, the long-stop date and costs. Once your solicitor is happy and contracts are exchanged, we begin the planning work.

  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. 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

  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.
  • You wait for a planning decision, and possibly an appeal, before you are paid.
  • The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.

Your questions, answered for Burton upon Trent

Who decides the planning application on a conditional sale in Burton upon Trent?

That is East Staffordshire 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.

How long might a sale subject to planning take in Burton upon Trent?

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 Burton upon Trent 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.

Do I pay for the planning application on my Burton upon Trent 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 Burton upon Trent

Subject to planning near Burton upon Trent

Find out what your garden could become

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