- Nation
- England
- National planning policy
- NPPF
- Planning authorities
- 5
- City
- Newcastle upon Tyne
Getting it right in Tyne and Wear
The strength of a conditional contract depends on the planning case behind it, and that case is made locally. Councils in Tyne and Wear each set their own expectations for homes in gardens, from parking and plot depth to how far a new home should sit from existing back windows. Many also publish their own design guidance, which shapes the drawings as much as the National Planning Policy Framework (NPPF) does. We read those documents first, then design a scheme that answers them, so the application has the best chance the plot allows. The council still makes the decision.
Planning authorities covering Tyne and Wear include Gateshead Council, Newcastle City Council, North Tyneside Council, South Tyneside Council, Sunderland City Council.
How it works
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.
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.
Subject to planning in towns across Tyne and Wear
- Newcastle upon Tyne
- Sunderland
- South Shields
- Gateshead
- Washington
- Wallsend
- North Shields
- Whitley Bay
- Houghton-le-Spring
- Jarrow
- Hebburn
- Tynemouth
- Whickham
- Blaydon-on-Tyne
Questions about subject to planning in Tyne and Wear
Which councils decide applications for garden plots in Tyne and Wear?
Each address falls under one local planning authority, and in Tyne and Wear the authorities include Gateshead Council, Newcastle City Council, North Tyneside Council, South Tyneside Council and Sunderland City Council. Every one of them works to its own Local Plan alongside the NPPF, and some add guidance specifically on garden development, so we shape each scheme around the policies of the council that will judge it.
Do you buy garden plots subject to planning in Tyne and Wear?
Yes. Where a plot in Tyne and Wear has a realistic chance of permission, we can agree a conditional contract: price fixed now, completion only once a satisfactory permission is granted. We normally fund the application. If it is refused and the contract ends, you keep your land.
What surveys might a garden plot in Tyne and Wear need for planning?
Commonly a measured survey, a tree survey and a preliminary ecology check, plus drainage and sometimes flood risk work. Some ecology surveys can only be done at certain times of year, which affects the timetable. On a sale subject to planning, we normally commission and fund these as part of the application.
Do I need my own solicitor to sell a plot in Tyne and Wear?
Yes, always. Your solicitor checks the contract, deals with the transfer of part at HM Land Registry and asks your mortgage lender to release the plot if the house is mortgaged. On option and promotion agreements we cover your reasonable legal fees, with the cap agreed in heads of terms before work starts.