Garden Land Sales - Extending your Garden

Learn more about garden land sales.

Application to acquire and/or release Open Space Land - Land belonging to Northumberland County Council

Map of Council owned property can be viewed by clicking here

This statement explains the process of acquiring Council owned and maintained Open Space land and the procedure necessary to change from open space to private garden land.

The Council has resolved that each application to acquire land classed as Open Space should be looked at on its own merits and considered against a set of agreed criteria, please click here to view the initial assessment criteria. You are advised to consider the criteria carefully in order to avoid unnecessary expense and disappointment. Applications contravening the criteria will be refused. In addition there may be other operational reasons why the land cannot be sold and these will be explained once the Council has considered the application.

Although each application is dealt with on its merits you are asked to note that there is a strong presumption against disposal of Open Space land and very few applications succeed.

If the Council wishes to release an area of Open Space land from an adoption agreement or to dispose of such land:
  • It is required by law to advertise its intention to do so on two occasions in consecutive weeks in a local newspaper and to consider any objections received, you would be responsible for the payment of the advertising costs incurred.
  • You will also be required to pay the Council’s costs in administering your application to acquire the land whether or not the matter proceeds.
  • You will also be responsible for the cost of relocating utility apparatus and any other cost associated with your proposal.
  • Planning permission is required to use Open Space land for any other purpose. You will be responsible for seeking Planning Permission for change of use of the land from Open Space. You are strongly advised to seek formal pre-application advice from the council’s planning department prior to acquiring Open Space land. Please note this is a chargeable service.
The following is a summary of the costs which you will be responsible for:

Upon receipt of application

Council’s administration charge to process formal application (non-refundable): £100

If the land is then considered suitable for disposal and/or release:

  • Newspaper advertisements (for removal of Open Space designation): £1,000 (estimate)
  • Planning application: As Fee Order
  • Cost of land: Market Value
  • Council’s Legal costs for sales and release: £550
  • Council’s Surveyors costs for sales: £500
  • Council’s costs for release of adoption: £500
  • Applicant’s legal costs including disbursements: Not known
Note: All costs exclude VAT.

Payments can be made using the online payment portal by clicking here or by sending a cheque made payable to ‘Northumberland County Council’ to Strategic Estates, Northumberland County Council, County Hall, Morpeth, Northumberland, NE61 2EF.

If the Council decides not to sell and/or release the land because of responses received to public advertisements, you will still be required to pay the cost of the newspaper advertisements.

If having considered the implications set out above, you still wish to pursue your enquiry I would ask that you confirm this in writing and supply the following details:
  • The specific reason(s) you wish to acquire the land and why this/these should outweigh the rights of the public to enjoy the Open Space.
  • A plan showing the precise area you wish to acquire and the boundary of your existing property.
  • A fee of £100 - This is to offset the Council’s administrative expenses in dealing with your enquiry. Payments can be made using the online payment portal by clicking here or by sending a cheque made payable to ‘Northumberland County Council’ to Strategic Estates, Northumberland County Council, County Hall, Morpeth, Northumberland, NE61 2EF.

Upon receipt of this information

  • Enquiries will be made with Neighbourhood Services to ascertain whether they would be prepared to release the land. 
  • You are asked to note that no action to enclose the land or to disturb it in any way is to be taken until purchase of the land is legally complete.  Any trespass will result in your application being rejected and legal action being taken to repossess the land.
  • Please also note that these sales are not considered a high priority for the Council and will be looked at as and when resources are available.
  • We would recommend that before progressing any further you should seek advice from a Solicitor or Chartered Surveyor to ensure that you fully understand the implications of these terms.

Application to acquire and/or release Open Space Land - Land which does not belong to Northumberland County Council.

This statement explains the process of acquiring maintained Public Open Space land which is not held in NCC ownership but may still be classed as registered open space and the procedure necessary to change from open space to private garden land.

The Council has resolved that each application to acquire land classed as Open Space should be looked at on its own merits and considered against a set of agreed criteria, please click here to view the initial assessment criteria. You are advised to consider the criteria carefully in order to avoid unnecessary expense and disappointment. Applications contravening the criteria will be refused.

Although each application is dealt with on its merits you are asked to note that there is a strong presumption against disposal of Open Space land and very few applications succeed.

Generally, on private housing estates the developer retains ownership of the Freehold of Open Space land however in many instances the Open Space land is subject to an adoption agreement which imposes upon the Council a duty to preserve the land for public benefit.

If the Council does not own the land, it will only consider a formal application to release it from the relevant adoption agreement once you have supplied written confirmation that the owner is willing to sell the land to you after release from the agreement. You will normally have to pay the owner’s costs, which will include the purchase price and legal and surveyor’s fees.

If the Council wishes to release an area of Open Space land from an adoption agreement:
  • It is required by law to advertise its intention to do so on two occasions in consecutive weeks in a local newspaper and to consider any objections received, you would be responsible for the payment of the advertising costs incurred.
  • You will also be required to pay the Council’s costs in administering your application to acquire the land whether or not the matter proceeds.
  • You will also be responsible for the cost of relocating utility apparatus and any other cost associated with your proposal.
  • Planning permission is required to use Open Space land for any other purpose. You will be responsible for seeking Planning Permission for change of use of the land from Open Space. You are strongly advised to seek formal pre-application advice from the council’s planning department prior to acquiring Open Space land. Please note this is a chargeable service.
The following is a summary of the costs which you will be responsible for:

Upon receipt of application

Council’s administration charge to process formal application (non-refundable): £100

If the land is then considered suitable for release:

  • Newspaper advertisements (for removal of Open Space designation): £1,000 (estimate)
  • Planning application: As Fee Order
  • Cost of land: Market Value
  • Developer’s costs (if developer is freeholder): Not Known
  • Council’s costs for release of adoption: £500
  • Applicant’s legal costs including disbursements: Not known
Note: All costs exclude VAT.

Payments can be made using the online payment portal by clicking here or by sending a cheque made payable to ‘Northumberland County Council’ to Strategic Estates, Northumberland County Council, County Hall, Morpeth, Northumberland, NE61 2EF.

If the Council decides not to release the land because of responses received to public advertisements, you will still be required to pay the cost of the newspaper advertisements.

If having considered the implications set out above, you still wish to pursue your enquiry I would ask that you confirm this in writing and supply the following details:
  • The specific reason(s) you wish to acquire the land and why this/these should outweigh the rights of the public to enjoy the Open Space.
  • A plan showing the precise area you wish to acquire and the boundary of your existing property.
  • A fee of £100 - This is to offset the Council’s administrative expenses in dealing with your enquiry.  Payments can be made using the online payment portal by clicking here or by sending a cheque made payable to ‘Northumberland County Council’ to Strategic Estates, Northumberland County Council, County Hall, Morpeth, Northumberland, NE61 2EF.

Upon receipt of this information

  • You are asked to note that no action to enclose the land or to disturb it in any way is to be taken until purchase of the land is legally complete.  Any trespass will result in your application being rejected and legal action being taken to repossess the land.
  • Please also note that these sales are not considered a high priority for the Council and will be looked at as and when resources are available.
  • We would recommend that before progressing any further you should seek advice from a Solicitor or Chartered Surveyor to ensure that you fully understand the implications of these terms.