Arable land with potential, extending to 42.65 acres (17.25 hectares)
Description: A productive block of grade 3 arable land extending to approximately 42.65 acres in total. Located just north of the village of Badbury Wick, it is approximately three miles south east of central Swindon. Access to the land is via a gateway off Day House Lane following the track running west into the enclosure. The land is currently fallow but has been cropped in an arable rotation until this cropping season.
The site is subject to an option agreement in the favour of Persimmon Homes which was signed in 2009 with a 21 year term. The agreement was extended in 2016 and Persimmon continue to promote the land through the planning system.
The site falls within the area identified for a new community' at
Commonhead in the Swindon Local Plan 2026 which was adopted in March 2015. However, within this context it falls within an area identified as Coate Water Country Park setting' which under policy NC2 is protected from development to protect the setting of the Country Park.
The southern edge of the site contains part of the safe guarded canal corridor (Policy PEN11) and the western edge falls within flood zones 2 and 3 which track a watercourse along the site boundary. There have been attempts by the owners of other parcels of land within the same Country Park setting designation to propose their land for development through the 2018 Strategic Housing Land Availability Assessment. Both sites were rejected with the Council
arguing that the Badbury Park development area (which lies to the east of the site) should not extend to the west of Day House Lane. They cited contamination, proximity to the SSSI, minimising landscape impact and the use of Day House Lane as a defensive barrier.
The planning prospects over the short to medium term are therefore limited, but, nevertheless, the land continues to be promoted by Persimmon under the terms of their option agreement.
Negotiations on Access
There are ongoing negotiations with the owners of the land parcels on either side of the track regarding a right of access. Buyers should be aware that it is likely a right of access will be granted across this track. The vendors will reserve any
payments made for a right of access across the track or any other part of the land.
Right of pre-emption
Prospective purchasers should note that Persimmon retain a formal right of pre-emption under the option agreement with the vendor. Under the terms of the option agreement with Persimmon, the vendor is entitled to 85% of the open market value of the site when the land agreement is exercised.
Prospective purchasers should note that the vendor will seek to retain 42.5% of the market value generated under the option agreement (which will continue to run with the land) and this should be factored into any bids for the site. If this option agreement is extended the vendors will continue to benefit from this 42.5% share. The purchaser will be required to fully comply with the obligations under the agreement with Persimmon and a copy of the option is available on request.
In the event that the Option Agreement with Persimmon expires the vendors will retain an overage on the land. The land will be sold is sold subject to an overage / uplift provision
whereby the Vendor will benefit from 20% of any uplift in value
arising from the implementation of any planning permission for any non-agricultural or non-equestrian uses. This will be applicable for the period of 30 years from the date of sale.