Backland Development
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Sell your garden plot subject to planning in Warwick

Why not simply apply for planning on your Warwick garden first and sell afterwards? You can, but it means paying for surveys, drawings and fees yourself, with no buyer committed while you wait. On a sale subject to planning, we do that work and normally carry the cost, and the price is fixed before the council decides.

You still get a say. You see the drawings before submission, and the contract can fix points that matter to you, such as where windows face, how high the new home can be, or who builds the new boundary fence.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Warwick District Council
Postcodes
CV34
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.5 m
Planning plan
Local Plan
County
Warwickshire

How it plays out in Warwick

Overshadowing is one of the first things a planning officer checks on a garden scheme. In Warwick, the spring equinox sun reaches only about 38° at midday, which means a 5 m eaves line lays down a shadow around 6.5 m long. Come the shortest day, the sun climbs no higher than roughly 14° 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 Warwick District Council to approve. Sometimes that means a lower roof or a home set further back.

Section showing noon sun and shadows in Warwick: about 38 degrees on 21 March and 14 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.5 m21 Dec, noon: sun 14°, shadow 19.6 mExistingNew home
This section is worked out for the latitude of Warwick: around 38° 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.

How we’d take it forward in Warwick

Here is what to expect in Warwick. 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

  • 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.
  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.

Warwick: questions to ask

Is a sale subject to planning in Warwick 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.

Can I still use my garden in Warwick 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 Warwick 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.

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

That is Warwick District 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.

Other options in Warwick

Subject to planning near Warwick

Find out what your garden could become

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

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