- Planning authority
- Wiltshire Council
- Postcodes
- SN10
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.3 m
- Planning plan
- Local Plan
- County
- Wiltshire
The local picture in Devizes
Wiltshire Council judges every application against the council’s Local Plan, and a conditional contract is only as good as the planning case behind it. So before agreeing terms on a garden in Devizes, we read the policies on homes in gardens, any guidance on parking and privacy distances, and the council’s recent decisions on similar plots. That tells us what kind of scheme stands the best chance and how long the long-stop date ought to be. If the policies point firmly against a new home, we won’t suggest a conditional sale at all.
How we’d take it forward in Devizes
Here is what to expect in Devizes. 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.
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.
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.
Worth checking early
- Once contracts are exchanged you are committed to sell if a satisfactory permission is granted.
- 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.
Questions about garden plots in Devizes
Is a sale subject to planning in Devizes 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 pay for the planning application on my Devizes 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.
What if I want to sell my Devizes 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 Devizes 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.
Other options in Devizes
- Combine gardens with your neighbours
- Plot feasibility and design
- Build a home for family in your garden
- Planning permission for a garden plot
- Sell part of your garden
- Large rear gardens