Could Your Land Be Worth More Than You Think?
Many landowners in Sittingbourne and across Swale are sitting on a significant untapped asset without realising it. Gardens, redundant outbuildings, commercial yards, awkward corner plots, paddocks — all of these can carry development value if the right planning conditions are met.
The local Kent market is active. Developers, housebuilders and housing associations are actively seeking sites across the M2 corridor, from Sittingbourne through to Faversham, Sheerness and the rural villages of Swale. Even plots that appear too small, oddly shaped or complicated have surprised their owners with the interest they attract.
Types of Land Currently in Demand
- Residential gardens with development potential
- Brownfield and greenfield sites
- Redundant commercial or agricultural buildings
- Agricultural land near settlement boundaries
- Garage court sites and backland plots
- Uniquely-shaped parcels suited to bespoke properties
How Is Land Sold?
There is no single route to selling land. The right approach depends on your circumstances, your appetite for risk, and how quickly you want to see a return. Land is typically sold in one of three ways:
1. With Planning Consent
The most sought-after option. A site with planning permission already granted commands a higher price and attracts the widest pool of buyers — because the uncertainty has been removed. If you already hold consent, we can help ensure it has been optimised for maximum value before going to market.
2. Without Planning Consent
Also common and perfectly viable. Buyers will factor the planning risk into their offer, but you benefit from a clean, swift transaction. We can advise you on realistic expectations and connect you with serious buyers comfortable purchasing on this basis.
3. Subject to Planning Consent
A buyer agrees to purchase once they have secured planning permission — at their own cost and risk. This can take time, but often delivers a significantly higher sale price when consent is granted. We guide you through the legal structures that protect your position throughout.
One important note: bigger is not always better. Our deep knowledge of the current Kent market means we can advise on the development type most likely to maximise your site's value — whether that is family housing, retirement living, affordable units, or mixed use.
Options, Conditional Contracts & Lock-Outs Explained
When a buyer wants to secure land while seeking planning permission, they use specific legal tools. It is important you understand what you are agreeing to before signing anything.
Option Agreement
The most common structure. The developer pays you a small premium to reserve the right to buy your land at an agreed future price, within a set timeframe.
More informal than a conditional contract, but legally binding. Ensure the time period, price mechanism and any overage clauses are clearly defined.
Conditional Contract
Contracts are exchanged, but completion only happens if and when planning permission is granted.
The buyer submits the planning application at their own cost. If consent is obtained, the sale completes. If it is refused, neither party is obligated to proceed.
Lock-Out Agreement
Less common, but occasionally used. This prevents you from selling to anyone else during a fixed period while the buyer carries out surveys and due diligence.
It should always be time-limited and carefully drafted to protect your interests.
What Does the Planning Process Actually Involve?
Planning is the single biggest variable in land value. Securing permission — or helping a buyer do so — is where the real work happens. The process in Swale Borough Council's jurisdiction follows a structured path, and understanding each stage removes the mystery from the journey.
4. Site assessment & feasibility
We assess your land's development potential against local planning policy, the Swale Local Plan, and comparable consents nearby. This shapes a realistic picture of what is achievable before any money is spent.
5. Pre-Application Advice
Engaging with Swale Borough Council before a formal application is submitted can save significant time and reduce the risk of refusal. We work with trusted planning consultants with an excellent track record with the local authority.
6. Outline or full application
Depending on the scale of development, either an outline application — establishing the principle of development — or a full detailed application is submitted. We advise on which route is right for your site and your timeline.
7. Decision & Appeal
If granted, you proceed. If refused, there is often a right of appeal — and sometimes a refused application leads to a revised scheme that succeeds on resubmission. We advise at every stage, including post-refusal.
Whether you have already submitted a planning application, are awaiting a decision, have been refused, or already hold consent — we can add value at any point in this journey.
Will I Have to Pay Extra Tax?
This depends on your individual circumstances. We strongly recommend taking specialist advice from a qualified tax adviser before proceeding with any sale. That said, here is a general overview of the key considerations:
Private Principal Dwelling Relief
In most cases, profit from selling part of your main home — including garden land — is currently free from Capital Gains Tax. This makes selling a portion of your garden particularly attractive from a tax perspective.
Capital Gains Tax on Other Land
If you are selling land or property that is not your primary residence, Capital Gains Tax will likely apply on any profit made. Timing your sale and structuring the transaction carefully — with professional advice — can sometimes reduce your liability.
A Word of Caution
Many within the industry have long warned that a specific land value tax — potentially as high as 40% — could be introduced in the future. While no such measure is currently law, the potential risk underlines the case for reviewing your options now rather than waiting.
What Makes Us Different
We are not generalist estate agents. Our Land & New Homes team focuses exclusively on land transactions, development opportunities, and new homes — giving us depth of expertise and a network of contacts that a high-street agency cannot match.
- Decades of experience in specialist land and development — an enviable track record identifying sites suited to development.
- Local knowledge, national reach — based in Sittingbourne, connected across the country through the Land & New Homes Network.
- Total discretion — many clients prefer their sale remains confidential. We handle all instructions with complete confidentiality as standard.
- We work with trusted architects and planners to release 'hidden' value from even the most challenging sites.
- We handle off-market acquisitions as well as open market sales — whatever suits your circumstances.
- Expert negotiation on Conditional Contracts, Options, and Land Assembly where adjoining plots are combined.
- No quick fixes — viable, profitable land disposals require patience and the right buyer. We take a long-term view.
- Free, no-obligation assessment — not sure if your site is worth pursuing? We will tell you honestly.
A Useful Guide For Reference
We have prepared a handy PDF for you to refer to.
Click here to view/download...
Interested? Please contact our Land & New Homes team
