Subject-to-planning contract for land in Kent
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.
Subject-to-planning contract for land in Kent
Subject-to-planning contract is one of four ways we buy land in Kent. Kent ranges from the Medway towns, Dartford and Gravesend on the Thames to Maidstone, Ashford, Canterbury, Tunbridge Wells and the coastal towns of Margate, Ramsgate, Folkestone and Dover. West Kent is largely Metropolitan Green Belt, while the Kent Downs and High Weald National Landscapes cover much of the countryside. Sites typically include edge-of-town fields, orchards and farmland, farm buildings, infill plots and brownfield land in the towns.
Nutrient neutrality advice has affected the Stour catchment around Canterbury and Ashford because of the protected Stodmarsh wetlands. High Speed 1 stations and the M2, M20 and A2 corridors are a focus for growth, while coastal flood risk matters on the Thames and Swale estuaries and Romney Marsh.
In England, a planning permission normally has to be implemented within three years unless the council sets a different period, and councils aim to decide minor applications within eight weeks and major ones within thirteen.
English councils keep brownfield land registers, and some previously developed sites can be granted permission in principle, a quicker way of establishing whether housing is acceptable before technical details are settled.
Parts of Kent are Green Belt, though not every town has any nearby. We check early whether a site is inside it and, if so, whether a grey belt or previously developed land case could apply.
Parts of Kent fall within Kent Downs National Landscape and High Weald 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 Kent that often suits a subject-to-planning contract
WantedResidential development land
Around Maidstone, the residential land that tends to work is close to existing homes, shops and transport rather than out on its own. Common for land without planning: we agree a price now and complete once a suitable permission is granted.
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WantedLand with planning permission
We are interested in sites with planning across the Maidstone area, including smaller consents that larger housebuilders may pass over. Used where a fresh or amended application would improve the scheme.
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WantedGarden and backland plots
In parts of Maidstone 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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WantedGreen Belt and grey belt land
Where Green Belt land in Kent is already hemmed in by roads or existing homes, a grey belt case may be worth testing. Works for smaller previously developed Green Belt sites.
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WantedStrategic land
Larger landholdings on the approaches to Maidstone are where strategic land usually comes from, particularly near transport links. Possible for the first phase of a larger holding.
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WantedBarns and rural buildings
Farm buildings near Maidstone that have fallen out of use may suit conversion, particularly traditional barns with a good access. Common: we seek consent or prior approval and complete if successful.
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WantedSites with lapsed or refused planning
We read the planning history of sites across Maidstone closely; a past refusal often points straight to the fix. The usual route: we make the revised application and complete on success.
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WantedAllocated and promoted land
We are interested in land around Maidstone at any plan stage, from a first submission to an adopted allocation. Used where an application is the next step.
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Subject-to-planning contract: questions
What happens if planning is refused?
The contract normally lets us appeal, re-apply or withdraw within set timescales. If it ends, you keep your land.
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 Kent?
Yes. We use subject-to-planning contracts across Kent and the rest of England, where the structure suits the site and the owner.