Garden Land Sales - Extending your Garden

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.

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.