Change of use – order of process

[j_com]

Hi all – first post so be nice

 

We own a plot (~1500 m^2) in central Scotland which is surrounded by agricultural land and looking to replace the dwelling on it. The plot is an unusual shape, like two offset rectangles, which makes siting the new house more difficult and leaves two areas of fairly useless agricultural land in the surrounding fields. The landowner may be open to an offer for these areas (~400 m^2 total) to “square-off” the plot. Assuming we can come to an agreement with them, what order do things need to happen?

 

If we can reach an agreement, do we just need to amend the deeds in the first instance? Then we can include change of use in the planning application for a replacement dwelling? What happens if the council say no for some reason? We will still own the additional land, but it is not part of the garden?

 

Thanks in advance.

[ProDave]

If you are certain the land owner will sell, then I would include that (presently agricultural) land in the planning application (you don't need to own the land to do that)

 

If the planning is granted to the plans you submit showing that land included then you have your change of use.

[Jilly]

Not sure if I'm reading this correctly, and am not familiar with Scottish Councils,  but if you have a habitable dwelling on the land, but it seems likely they will let you do something with the building, even if it isn't what you fully intended, so it's always worth purchasing adjoining land, no matter what the designation, in my view. Maybe a planning consultant could help?

 

I bought some 'amenity land' from the council adjacent to our old house and was always careful not to put any garden structures etc on it, but planting was fair game in my view and no one objected. 

 

For the record, the agricultural land is worth less than when it is designated 'garden curtailage', so your purchase may depend on your attitude to risk and CGT implications to both you and the landowner.

 

[j_com]

ProDave, while the landowner has indicated they may sell some land, it is far from certain. We would not want to go through the planning process only for them to change their mind or ask for more money.

 

Jilly, this is our thinking too. The council surely cannot stop us buying or owning the land - just whether it is part of the garden curtilage. 

 

I guess the question is: can the agricultural land be added to the title deeds for the house once bought, but before the council has approved change of use? If the council then say no to the change in use, we could presumably still use it as a vegetable plot or something? 

[Mr Punter]

In England it is possible to offer to purchase subject to planning or change of use.  The deal is binding on the parties, so if you obtain the change of use the seller would be obliged to sell at the agreed price.  Probably the same up there.

[ProDave]

15 minutes ago, Mr Punter said:

In England it is possible to offer to purchase subject to planning or change of use.  The deal is binding on the parties, so if you obtain the change of use the seller would be obliged to sell at the agreed price.  Probably the same up there.

Yes also in Scotland.  We purchased our plot via an offer to buy subject to planning.  Planning is granted and both parties are committed to the agreed offer price.  Planning refused the deal is off.

 

So I would start by agreeing the price with the land owner, get that offer in progress and conditionally accepted then bang in the planning application.

 

I would still be looking to only put the buildings within the original house boundary but include the extra bits of field in the planning application as part of the garden.

[j_com]

16 hours ago, ProDave said:

I would still be looking to only put the buildings within the original house boundary but include the extra bits of field in the planning application as part of the garden.

That's the plan, new house within the original site boundary and overlapping with the current house footprint. The extra bits are "nice to have" but it also makes everyone's lives easier having a four sided plot, rather than one with 8.