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Two questions decide a land purchase, and neither one is about design. What does the title actually give you, and what does any existing consent actually permit? Both are answerable from documents, before an offer, for very little. Everything expensive comes after them.
The clearest way to see what a consent is worth is to watch a buyer use one for something else.
BoBen Construction bought the site of the former Inwoods House at Dunchurch, on the southern edge of Rugby. Eight and a half acres, and it came with an extant permission for a Use Class C2 retirement village, granted to another team before the land changed hands.
That retirement-village consent was not ours. It came with the land, and it was the most useful thing on the title. It established the principle of development, it stood as a fallback if a fresh application failed, and it did one thing more.
Part of the site lies inside a designated green-infrastructure corridor in the Rainsbrook Valley. How far building could reach into it was not an open question, because the earlier consent had answered it. The houses and their gardens were laid out to hold that line rather than cross it, along a boundary the council had accepted once already.
A pre-application enquiry confirmed in October 2022 that housing here was likely to be acceptable in principle. The application was validated in May 2023, went to committee in January 2024 and was granted on 20 March: twenty-five homes, twenty open-market houses and five single-storey affordable bungalows secured through the section 106. The frame started going up in January 2026.
Thirty-seven conditions is unremarkable on a site of this kind, and the count matters far less than which of them are pre-commencement. Contaminated land, archaeology, drainage verification and the highway works each had to be answered before the relevant stage of building could lawfully begin, which is why the discharge programme was drawn alongside the technical design rather than after it.
The other thing worth taking from it is what the purchase actually bought. Nobody was ever going to build the retirement village. What the consent delivered was a principle, a fallback and a line on a plan, and those three things survived the change of use entirely. A consent for a different scheme is not a spent one.
A parcel inside a consented urban extension at Wellingborough. The outline was the master developer's, allowed on appeal years earlier, and it set the parameters rather than the scheme. What the reserved matters settled was the number: the layout was worked from thirty-seven homes to forty.
Three plots in the Rugby town-centre conservation area, around a Grade II listed house. The land carried another team's consent for offices, a hotel and retail, implemented on paper in 2012 and never built. Seventy-three extra-care homes were consented against it, at roughly a fifth less floor area.
A stalled student scheme on a tight inner-city plot, consented to a previous team in January 2023 and picked up two years later. Two pre-commencement conditions had to be reworded by non-material amendment before work could lawfully start, and three others were discharged alongside them.
A former dairy depot beside the River Trent in Nottingham, in flood zone 3, bought with a permission won by others. Building it meant lifting one block's floor level by 880 millimetres, which took a retaining wall, new steps, a ramp and a relocated substation. That variation was our design.
Every planning application we make in our own name is a matter of public record on a council register, and ours reach more than 100 planning authorities across the UK.
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→ Start a conversationThis page is about the checks a buyer makes before contracts, which is a narrower job than working out whether a piece of land has any potential at all.
It splits in two. Where the land already carries a permission, the work is reading documents: what that consent permits, whether it can still be used, and what obligations arrive with it. Where it does not, the work is deciding who carries the risk of getting one, and that is settled in the contract rather than on the site.
Both start in the same place, and it is not the drawings. It is the title. What a site might be worth is decided by policy; what you can do on the day you own it is decided by what the title gives you and what it withholds.
If you already own the land the order runs the other way round, and so does the question: potential first, then how to bring it forward. The sequence below is written for somebody looking at a site they have not bought, and it is deliberate. Each check costs less than the one after it, and any of them can end the conversation.
One more distinction is worth making early. Land marketed as having development potential and land carrying a permission are not neighbouring categories. They are different purchases, at different prices, with the risk sitting in different places, and the wording of a sales particular does not always make clear which of the two is on offer.
A last practical point about the title itself. More than ninety per cent of the land area of England and Wales is registered, which means roughly one parcel in ten is not, and on those the ownership and the rights have to be proved from a chain of deeds running back to a root at least fifteen years old. That is slower, and it is the sort of thing worth discovering before a timetable has been agreed.
Four checks, in this order. The first two are desk work on documents somebody already holds, and they decide whether the rest is worth paying for.
The registered extent, the rights that run with the land and the rights that run against it: access onto the public highway, private rights of way, easements for services crossing the site, covenants restricting what may be built. Not every title is registered.
A permission is the description of development on the decision notice, read together with the drawings a condition approves. Neither is a suggestion. A consent for one use is not a consent for another, and a consent for one layout is not a consent for a better one.
Conditions attach to the permission itself, and the pre-commencement ones have to be discharged before anything lawfully starts. A section 106 binds successors in title, so it arrives with the site. Where the authority charges the levy, that liability arrives too.
Levels and made ground, contamination, a public sewer crossing the site, an overhead line above it, capacity at the point of drainage connection. These are survey questions rather than policy ones, and they are priced into the build rather than into the land.
Land without permission is cheaper for a reason, and the reason is that somebody has to carry the risk of getting it. The only question the deal really asks is who.
Three shapes do almost all of the work, and a solicitor writes all three. An unconditional purchase means the buyer carries everything from the day of completion. A conditional contract means the buyer only has to complete if a permission is granted, so the wait sits with the seller rather than the buyer's money. An option means the buyer pays for the right to buy later, and is paying for time.
What decides a conditional contract is not the word planning. It is the definition of the permission that triggers it. A contract conditional on any permission can oblige a buyer to complete on a consent whose conditions make the scheme unbuildable. A contract conditional on a satisfactory permission is only ever as good as the definition of satisfactory, and that definition is where the negotiation actually happens. The long stop date, who runs the application, and whether an appeal falls inside the obligation or outside it are the other three arguments.
Overage runs the other way. It is a promise to pay the seller more if something happens later, usually a consent for more than the scheme the price was struck on. It can be secured against the land, it can outlive the sale by decades, and the trigger repays reading twice, because the thing that trips it is frequently the very application the buyer bought the land to make.
Those definitions are a solicitor's work, not an architect's. Underneath all three, though, sits one question: what will this site actually carry? Nobody can price the risk, or draft the trigger, until somebody has drawn it.
Two practical notes. The first is that the price of land sold without permission usually already contains a bet on permission arriving. The seller is not selling a field; they are selling the odds as they read them, and a report attached to the particulars describing the site's potential is a marketing document written for the seller rather than an appraisal written for a buyer.
The second is timing. A conditional contract allowing twelve months to obtain permission is generous only if it also allows for the surveys that have to happen before an application can even be validated. Ecology in particular runs to a season rather than a calendar, and a long stop date drawn without that in mind can expire before a determination arrives.
Read the decision notice for its time limit, then look for evidence that development lawfully began before that limit ran out.
Both halves are documents somebody already holds. The notice, the approved drawing list and every condition-discharge decision sit on the council's public register. Beginning development means carrying out a material operation, which is a defined statutory list rather than a judgement, and it reaches as far down as digging a foundation trench. The catch is that the start only counts if it was lawful: where a condition goes to the heart of a permission, work done before it was discharged does not begin the development at all. A certificate of lawfulness can confirm operations carried out were lawful, and once one is in force that lawfulness is conclusively presumed. What expiry does to a consent, and what a lapsed one is still worth, is set out in the guide to development potential.
Land, often only a few metres of it, lying between a site and something the site cannot be developed without. Usually the public highway.
It works because there is no right to buy it. Where the only usable access crosses ground in somebody else's title, that owner is under no obligation to sell, and knows what the release is worth. There is no legal route round it either: the statute that lets a court order access over a neighbour's land is confined to preserving what already stands and does not reach new development. Valuers price the release as a share of the uplift it unlocks rather than as the value of the ground. The one-third figure that circulates is called a misconception by the government's own valuation guidance, which puts the starting point nearer a half; awards have run from fifteen per cent to fifty. Two checks find most of these before an offer: the title plan against the site plan, and the highway authority's record of what road length has actually been adopted.
Whoever assumes liability for it. Where nobody has, the charge is apportioned between the owners of the land at the moment development starts, which by then means the buyer.
The levy is a charge per square metre, and it is permissive: an authority only charges it where it has adopted a charging schedule, so the first question is whether one is in force. Where it is, liability is assumed by serving a notice before development commences, and afterwards it can only be passed on by a transfer notice. The chargeable amount is registered as a local land charge against the site, so it follows the land rather than the person who applied. Reliefs carry conditions of their own: the self-build and residential annexe exemptions are clawed back if the property is sold or let within three years of its completion certificate.
Whether permission will be granted, and what the site can physically take. Searches report what is already recorded, not what is achievable.
The local land charges search returns what is registered against the land: conditions on earlier permissions, tree preservation orders, listing, financial charges. A section 106 obligation is itself a local land charge, and so is a levy charge, so both surface there. The enquiries of the local authority add the decisions already made about the property, the adoption status of the roads and any recorded right of way. Every one of those questions is asked in the past tense. Neither search models a layout, tests an access, prices an abnormal or predicts a committee, and neither reaches the neighbour's land beyond contamination and a two hundred metre radius on road and rail schemes, so next door needs its own search. Why a site fails in principle, which is the other half of the question, is set out in the guide to why development sites fail.
Safer than one with nothing, because the principle is settled. What is not settled is whether a layout can actually deliver the number.
Five things can be reserved for later approval: access, appearance, landscaping, layout and scale. Scale means the height, width and length of the buildings, not how many of them there are, so the quantum is not a reserved matter at all. It is fixed at outline, in the description or in a condition, and a submission that exceeds it falls outside the permission. What reserved matters settles is whether a layout can hold that number once highway geometry, drainage, separation distances and parking are applied at once. It can fall short as readily as confirm it. An outline also runs on two clocks rather than one: a period in which to apply for approval of the reserved matters, and a further period from the last of those approvals in which to begin. Miss either and the consent is gone.
No, but it has to be dealt with separately. A permission does not move a footpath, and it does not entitle anyone to obstruct one.
The route is a diversion or stopping-up order, made because development authorised by a planning permission would otherwise block the path. It covers footpaths, bridleways and restricted byways; anything carrying vehicular rights goes down a different statutory route. Since 2013 the order can be made once the planning application is in, rather than waiting for the decision, but it cannot be confirmed until the permission has actually been granted. It carries its own notice period, its own objection route and the possibility of a public inquiry if objections are not withdrawn. Guidance is clear that a permission is not by itself a reason to make or confirm one. On a site crossed by a well-used path, that is a programme risk worth pricing at the offer.
The title plan, the decision notice, the approved drawing list, every condition-discharge decision, and any section 106 or levy paperwork.
That list is short because all of it exists already and none of it costs anything to produce. Add the pre-application correspondence if there is any, the reports the application was supported by, and any survey the seller has commissioned, noting that a survey addressed to somebody else may not be relied on without the author's agreement. What a seller cannot supply is as informative as what they can. A consent with no discharge decisions behind it has not been started; a site plan that does not match the title plan means one of the two is wrong; and a marketing report describing the site's potential was written for the seller and is not an appraisal.
Rickett Architects
A RIBA Chartered practice, working since 1970, with more than 2,500 projects behind it. Our senior architects take projects from first survey through planning to completion, for private clients, developers and landowners across the Midlands and well beyond it.
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