Working from home is undoubtedly one of those grey areas in planning – it very much comes down to ‘fact and degree’ when determining whether your home working operations require planning permission. This was the case with our recent approval for a music teacher and the use of their outbuilding as a music studio in the West Midlands.
Received a breach of planning control letter? Prompt action is vital
Following receipt of a breach of planning control letter from their local council, our client contacted us for guidance. The main concern related to the use of an existing outbuilding in the rear garden of their dwelling, as a space for providing music lessons.
We were instructed to engage with the enforcement officer to agree a strategy to overcome the proposed planning breach. Crucial to this was establishing whether planning permission was required for what was alleged in the notice. Working with our client to understand the full nature of their business operations revealed that the use went beyond ‘ancillary’ and therefore planning permission was required to regularise the position on site.
As is often the case with planning enforcement, the timeline was tight for any form of resolution, and our effective engagement with the enforcement officer secured us additional time to prepare the necessary retrospective planning application for not only the small business use, but also other associated structures in the rear garden.
Working from home – do I require planning permission?
Not all working from home scenarios require planning permission, often it’s a case of ‘fact and degree’ as to whether permission is required. Key considerations include: business operating hours; number of employees; number of clients; and knock on potential issues such as parking, noise and odour which are crucial factors when determining this genre of application. If you are in doubt, then a Certificate of Lawful Use for the proposed activity can be useful in ascertaining whether you require planning permission for your home business. In this particular case, as the planning breach had already occurred, a retrospective application was needed.
When it comes to hours of operation, Councils will often look to limit opening times per day and sometimes set an additional total number of hours per week that a home business can operate, to ensure that there is no harm generated to neighbouring residents and to limit the total number of clients/visitors per week.
Given this, it is often good to not just plan for current workload – but also future and ad hoc work – to ensure you have sufficient flexibility to actually run the business and you are not limited by any conditions imposed on a grant of approval.
We worked closely with the applicant to understand their requirements for teaching hours to ensure that this could be secured as part of the permission and kept the enforcement officer updated throughout the application process.
Planning permission was granted and the required operating hours secured much to our client’s relief. So pleased we were able to support our client in regularising the planning breach, helping them to avoid enforcement action and ensuring the security of their small business from their home premises moving forwards.
If you have been contacted by planning enforcement or have a query about working from home and any potential planning requirements contact our team who will be delighted to assist you.
About us
We are Plainview Planning – a solutions orientated, experienced and knowledgeable team of planning consultants. If you need professional and informed planning support with your development project, then contact our team via enquiries@plainview.co.uk, to see how we can best assist you, providing the site address and a brief overview of your project. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.