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How we buy · Devon

Subject-to-planning contract for land in Devon

We agree a price now and complete once a satisfactory planning permission is granted.

A subject-to-planning (conditional) contract is a sale agreed now that only completes once planning permission is granted on terms both sides have defined. We normally pay for the application, and if permission is not obtained the contract can end and the landowner keeps the land.

Architect's printed site layout drawing for a small housing scheme on a table with a planning folder

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Subject-to-planning contract for land in Devon

We use subject-to-planning contracts for suitable land across Devon. Devon has no Green Belt, but Dartmoor and part of Exmoor National Parks and the East Devon, North Devon, South Devon, Blackdown Hills and Tamar Valley National Landscapes cover a large share of the county. Growth focuses on Exeter, Plymouth, Torbay and the market towns, with many villages beyond. Edge-of-town greenfield land, farm buildings and smaller infill plots are the usual sources of new housing sites.

The A30, A38 and M5 corridors and the main line from Exeter to Plymouth carry most of Devon's planned growth, including new communities east of Exeter. In coastal towns, flood risk and coastal change can affect sites, while nutrient neutrality advice has applied in the River Axe catchment on the Dorset border.

In England, the revised National Planning Policy Framework published on 17 August 2026 replaced the old "tilted balance" with new settlement policies: development within a settlement should normally be approved unless the harm substantially outweighs the benefits, while land outside a settlement can gain support in defined circumstances.

National policy in England now recognises "medium development" of 10 to 49 homes on sites up to 2.5 hectares, and asks councils to allocate at least 10% of their housing on sites of one hectare or less and a further 10% on sites of one to 2.5 hectares.

Devon has no designated Green Belt, so the main policy questions near Exeter are usually the settlement boundary, landscape and access.

Parts of Devon fall within Dartmoor National Park, Exmoor National Park, East Devon National Landscape, North Devon National Landscape, South Devon National Landscape, Blackdown Hills National Landscape and Tamar Valley National Landscape. Protected landscapes carry strong policy protection, so land in or next to them needs particularly careful assessment.

In short: we agree a price now and complete once a satisfactory planning permission is granted. It usually suits land without planning that has a realistic route; infill, garden and small sites; owners who want a value linked to planning without funding it. See how a subject-to-planning contract works for the full process, pros and cons.

Land in Devon that often suits a subject-to-planning contract

Vacant fenced development plot with a council planning notice tied to a lamp post and terraced houses beyondWanted

Land with planning permission

For consented land around Exeter, the first things we read are the decision notice, the conditions and any legal agreement attached to the permission. Used where a fresh or amended application would improve the scheme.

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Gently sloping green field next to an English village with a church tower behind a hawthorn hedgeWanted

Land without planning permission

Near Exeter, land without planning is worth discussing where it adjoins existing homes or has been put forward to the council's plan. The most common route: we fund the application and complete once permission is granted.

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Cleared former industrial yard with cracked concrete, a palisade fence and an old brick warehouse wallWanted

Brownfield land

Former works, depots and yards in and around Exeter can make good housing sites once the ground and neighbouring uses are understood. Useful where the change from commercial to residential still needs consent.

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Long rear gardens behind 1930s semi-detached houses with a gravel access lane along the bottomWanted

Garden and backland plots

In parts of Exeter with long gardens or rear lanes, backland plots can work well if the access is wide enough and neighbours are treated fairly. The usual route: we apply and you only sell if permission is granted.

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High aerial view of large farmland fields beside a market town, a ring road and a river lined with willowsWanted

Strategic land

Around Exeter, strategic sites tend to be the big fields between the built edge and the main roads, where a whole new neighbourhood could be planned. Possible for the first phase of a larger holding.

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Disused two-storey 1960s brick office building with an empty weed-cracked car park among housesWanted

Redundant buildings

We are interested in buildings around Exeter that have outlived their original use, whether they would be converted or replaced. Used where consent or prior approval is still needed.

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Traditional red-brick barn with clay tile roof beside a modern steel portal-frame barn on a farmyardWanted

Barns and rural buildings

We look at barns and rural yards around Exeter and give a straight view on whether conversion or replacement is realistic. Common: we seek consent or prior approval and complete if successful.

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Desk with a printed local plan proposals map showing coloured site boundaries and a housing layout sketchWanted

Allocated and promoted land

If your land near Exeter appears in the council's plan or its site assessments, send us the reference; it changes the conversation. Used where an application is the next step.

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Towns we cover in Devon

Subject-to-planning contract: questions

What counts as a satisfactory permission?

The contract defines it: usually the number and type of homes, acceptable conditions and planning obligations, and the end of the judicial review period.

Is there a deposit?

Sometimes a modest deposit is paid on exchange; terms vary by site and are set out in the heads of terms.

Can I keep using the land meanwhile?

Yes, usually, until completion.

Do you use subject-to-planning contracts for land in Devon?

Yes. We use subject-to-planning contracts across Devon and the rest of England, where the structure suits the site and the owner.

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