Where do I stand?

[mailee]

I received a letter yesterday from the local council planning dept which goes as follows:

'Town and Country Planning Act 1990 -Unauthorised business from home.
I am writing to you regarding the above property and recent site visit to your property.

I would advice you thatthe use you are making of your shed is considered to be subject to planning control.

It is with this in mind that I would ask you to cease use of the shed for commercial use with immediate effect. You should also remove all tools that are consistent with the commercial use of the shed WITHIN 21 DAYS of the date of this letter.'

I feel gutted as you can imagine and told them it was only my hobby and he seemed tgo be happy with this and stated that I probably wouldn't hear anything else about the matter.......then this letter! Not a happy man as I have a lot of work to do on my own home this coming year. What can I do as I do not want to get rid of all my tools as you can imagine.

 

[matt]

Are you using the shed for commercial use?

 

[devonwoody]

Quote, "what can I do"

relocate to a new home in Yorkshire, might be the easiest option.

 

[mailee]

No Matt, of course not it's my hobby. Relocations not an option for me.

 

[CHJ]

....I feel gutted as you can imagine and told them it was only my hobby and he seemed tgo be happy with this and stated that I probably wouldn't hear anything else about the matter........

Unfortunately you have published details of commercial (paid) work on the web for all to see, I presume that there has been some form of neighborly comment to the local planning cell to trigger the visit.

Legal representation guaranteing hobby use only should save your equipment but if neighborly interest cares to push then I would make sure the tax man has all the relevant declarations for past work.

 

[matt]

I'm confused... I was aware that you did commercial work but assumed, from your post, that you have commercial premises too.

So... given your reply... Ask them what tools are consistent with commercial work. Or... remove nothing and tell them that whilst all of your tools could be used for commercial work they are also equally applicable to hobby use (ergo, not "consistent" with commercial work).

I think you need to prove that you really are NOT doing any commercial work in your shed. Given that you do not have permission for commercial work then all they can really do is ask you to stop (if you are doing it at all). As for getting rid of your tools - they're on a hiding to nowhere because that request pre-supposes that you are guilty of doing commercial work (and you're innocent until proven etc...)

I think you'd have to have a tool in your shed, probably a static tool, all wired up, plumbed in, etc, that could not in any way be used for hobby use, before they'd be able to push the second requirement. Think, for example, as car lift (i.e. like they have in Kwik Fit). Although you could, arguably, use that for your own car.

 

[mailee]

The website was to test the waters Chas as I envisaged unemployment on the horizon, I did explain this fact to the official who paid me a visit and he seemed happy with it. I did explain I have the loan of a workshop if need be but most of my work was to be on site and mobile. I have taken down the website after recieving this letter but as for the tools, they are my own personal hobby tools as many others have in their sheds? As a matter of interest I didn't recieve any interest in the website and no offers of work from it! :roll:

 

[pren]

Sorry to hear about this!

It's exactly the sort of thing I've been worrying about with my fledgling home business.

If the issue is 'Subject to Planning Control', are there any channels open to you to apply for restrospective planning consent? Do you know of an appeals process to their decision?

Bryn

 

[RogerS]

What exactly did you say when they came visiting? If you admitted that you were doing anything commercial or even intending to then you are stuffed.

In my experience anyone who comes round to your house in any official capacity - be it council or a surveyor acting for a potential purchaser - they are always but always going to be very nice and not say anything that might get themselves thumped. So you should have denied everything.

 

[Digit]

You know, there are supposed to be guide lines, standards etc in this sort of thing, yet a lot seems to depend on the level of Jobsworthness shown by individuals.
I ran part of my business from home for some years, and yes, I did receive a visit from the council.
The official introduced himself, I was completly honest with him and he informed that comercial usage permission would not be granted in this area.
At the same time the official line was that they wished to encourage small companies, his advise? keep it out of sight!

Roy.

 

[head clansman]

hi mailee

'Town and Country Planning Act 1990 -Unauthorised business from home.

commercial business means at some time in the manufacturing process money changes hands , can they prove this ,? if they can your stuffed ,if money is changing hands then you need to apply for change of use if they cant prove it then there is no -Unauthorised business. hc

 

[TonyW]

Mailee, sorry to hear or your predicament I agree with what others have said here.

Unfortunately it would appear that you are now in a position of having to prove and give assurances that you do not intend and never have run a business from home - hopefully a letter of intent may be enough, at least for the council. I would also try and assure them that in the future should you consider starting a business that they would be first contacted to acquire the correct permissions.

I also suspect that some 'kindly' neighbour has reported your activities to the council.

As to removing tools consistent with commercial use this seems laughable - all tools either hand or power could be considered commercial - you need to stress that all your tools are for your hobby/passion.

Hopefully a written undertaking from you will be enough at least for the council.

I do not know if any of the following will be of any interest - I have been looking at the rules and regs for working from home over the last few months and this is what I have picked up on - quotes from various sources, so I would imagine that the local councils may put their own spin on regs :

This is what I thought is the standard for working from home
Provided you don’t employ anyone else, don’t have significant deliveries or many people visiting your property in connection with the business it is unlikely you will need planning permission. We always advise anybody thinking of starting a business from home to contact us for advice first of all.

Could this be what is upsetting the council - Loss of potential business rates?
You may be able to make minor business use of your home without paying business rates. But if you convert part of your home exclusively for business use (eg a workshop), you may become liable for business rates on it. See our guides on business rates and changing your premises and business rates.
http://www.businesslink.gov.uk/bdotg/ac ... 1073791627


Can I work from home or can I run a business from my house?

You do not usually need planning permission just to work from home but sometimes you do. The key test is whether the nature of your residence has changed because of the business. If the answer to any of the following questions is "yes", then you will probably need permission:

* Is your house no longer chiefly a private residence?
* Will your business result in a marked rise in traffic, people calling or working around the house or in out buildings?
* Will your business involve obvious activities not usual in a residential street?
* Will your business disturb your neighbours because of noise or smells?

The key test is whether the house still mainly a home or has it become business premises? This is whatever the business, including using a room as an office, hairdressing, repairing cars, storing goods, using part of the house as a bedsit, running a "bed and breakfast", providing childminding or music teaching.

Some of these things may also require you to submit a Building Regulation Application especially changing the use of the premises, sub-dividing a home or new building as extensions.

Good luck
Cheers
Tony

 

[devonwoody]

Anyway, cant you say you have stopped any commercial business from your home and do not intend to do any in the future after seeking advice.

 

[Digit]

And the rules are flexible anyway when they decide what a business activity is. So you have a properly registered business address, do you do your books at home, do you send out invoices from home?
Pro writers nearly all work from home, as do contributers for the press, and they get paid for it!

Roy.

 

[OLD]

Just a guess but i think the council want something on paper stating that its for your own hobby use as discussed with there man. It will be just to cover there back and close the file.

 

[Grinding One]

This is why I`m not going to start a business in England---Mother May I ,
Having to beg to make money and then be taxed to death because I did.
Heck over here someone getting into other peoples business would be cause for a fight.

 

[kingcod]

If you haven't already done so I would have try to have an off the record conversation with the planning department about your options. Their statement that you are carrying out activities for which you need planning permission and/or building control permission doesn't mean you can't do them - just that you need to seek permission to carry them on. Retrospective permission is often granted.

If there is a genuine nuisance and inconvenience to your neighbours as TonyW refers to then permission will be refused. If you can work with the planners (and perhaps your neighbours ) on measures to limit the nuisance you may be able to carry on.

I wouldn't recommend trying to cover up activities or expecting any favours from the planning officials. Work with them and try not to get into a legal battle as its costly.

 

[Doctor]

Hi Mailee, you have my sympathies it sounds like a nightmare situation.

You did make a point of showing of all your work, website and future business plans, it only takes one disgruntled neighbour to report you and present this as evidence and then it will be very difficult to deny it. Especially if you read your past posts.

Forums are not secret societies, they are very public.

My concern would be if the tax man makes the assumption that you ran a business.

 

[wizer]

What a complete nightmare!

:shock:

 

[les chicken]

As Wizer said a complete nightmare.

Might be worth checking the deeds of your house to see if there is a covenant to prevent a business being run from it.

Les