Garden Office\Salon - guidence appreciated

[LukeB123]

Thinking about it, I disagree that you will require planning permission. This is just a shed. You could move the stuff piled up in the spare bedroom into it and use the spare bedroom as your 'salon'. You would not require planning permission for that, so I cannot see why you'd need planning permission for a shed - unless it was larger than PD limits.

An outbuilding needs to be incidental to the main use of the house, that's the difference between it being a room in your house, that you may do ancillary operations etc, and an outbuilding (in terms of usage)

Thanks that seems to kind of answer my question, I think what I'll do is phone the council and just state that I intend on using a garden office as a salon and go from there. It would also seem the main cause for concern is access which I don't think will be a problem as my neighbours to which it would effect are fine in fact they would probably support the venture - those that aren't deaf or slightly aged

Even if everyone around it approves of it, doesn't mean it is going to get approval unfortunately. In reality, lets say you had awful neighbours move in, then your proposal should not effect them either (and not give them reasonable grounds to object on planning terms) Depending on the council and the way they work I would still speak to them (nothing formal) and get an opinion from them.

If you did go down the route of applying for planning permission and the buildings already built, just a floor plan would be fine.

If you don't think the neighbours would mind, you could always go ahead and just do it, and apply retrospectively - if no one complains, the council wouldn't necessarily know or be concerned.

 

[shabbaranks]

Thanks, I spoke to the planning office yesterday (who weren't very helpful to be fair) they said that potentially I would need "change of use" permission and that I should complete a form which costs £42 and basically they tell you from that if you need planning permission or not.

What I don't understand is they say you get formal written confirmation as to weather you need it or not but on it - it says;

By submitting this form you are requesting a check as to the need for planning permission, listed building or demolition in a conservation area consent and/or Building Regulations. With regard to planning, this will constitute an informal response, as a definitive response can only be obtained through the submission of a Certificate of Lawfulness of Proposed Use or Development.

Im going to ring them to double check as it wouldn't surprise me if they don't know what they are talking about.

 

[freddiemercurystwin]

Yes but I believe there has been an appeal whereby someone built away happily on the basis that the development did not need planning permission, the council having said in their opinion it did not need PP. After it was built, the council subsequently said it did need PP and forced the homeowner to apply retrospectively, the council refused permission but then when the homeowner took it to appeal he won on the basis that the council cannot write a pointless disclaimer at the end of their initial response as building owners must be able to take the advice at face value.

 

[freddiemercurystwin]

Gonna try and find that appeal on the web one of these days.

 

[shabbaranks]

SO on reflection of this would I be right in thinking - if I complete the form and send it in at a cost of £42. And they say you don't need pp then I start the work and they come back and say actually you do need it. I "potentially" have evidence that they initially said I don't and I would have a case to fight?

I really don't understand why they make it so complicated, by todays standards it should be a simple process of this is what I want to do can I do it if not why not and if so then just say I can. Not jump through hoops unnecessarily.

 

[Nakajo]

fmt - sounds useful. Can you remember any more details about that case?

 

[Nakajo]

Ah, found it: http://www.thetelegraphandargus.co.uk/news/4813100.Couple_win_battle_over_conservatory/

 

[freddiemercurystwin]

SO on reflection of this would I be right in thinking - if I complete the form and send it in at a cost of £42. And they say you don't need pp then I start the work and they come back and say actually you do need it. I "potentially" have evidence that they initially said I don't and I would have a case to fight?

Correct.

It is often more complicated than it needs to be but in cases like this there cannot be one simple answer, for reasons already discussed in this thread, whilst a salon may be acceptable a car mechanics would not. So you would not want a blanket NO for working from home so try to view this as a positive.

 

[LukeB123]

I wouldn't really worry about the £42 letter. It's not a lawful development certificate, and it's not a planning decision, so either just do the work, if you feel happy to, or apply for a LDC or full planning if you want reassurance. (just my opinion

You could always build the building so it falls within permitted development for a normal outbuilding, then worse comes to worse cease trading as a salon and keep the building as storage etc, or cease for a while until you put an application in.

 

[freddiemercurystwin]

Ah, found it: http://www.thetelegraphandargus.co.uk/news/4813100.Couple_win_battle_over_conservatory/

I don't think that's it. There's no mention of the appellants having initially been advised that PP was not required.

 

[shabbaranks]

I wouldn't really worry about the £42 letter. It's not a lawful development certificate, and it's not a planning decision, so either just do the work, if you feel happy to, or apply for a LDC or full planning if you want reassurance. (just my opinion

You could always build the building so it falls within permitted development for a normal outbuilding, then worse comes to worse cease trading as a salon and keep the building as storage etc, or cease for a while until you put an application in.

Im extremely tempted to do this, based on all the information I have collected it seems the more you ask (the council) the more you start to open cans of worms. I know I don't need planning permission for the building BUT the misses will have to invest 10-15k to get the building up and running. If her current employer was to find out that we have done this without some form of confirmation from the authority then I guarantee she'll try to get them on our case. This is why ideally I want to do it properly but to the bare minimum when it comes to getting the council involved.

 

[Nakajo]

Erm, "in 2002 after being told they did not need planning permission."

 

[freddiemercurystwin]

Ahh, missed that bit, maybe that is the one .......

 

[freddiemercurystwin]

I wouldn't really worry about the £42 letter. It's not a lawful development certificate, and it's not a planning decision, so either just do the work, if you feel happy to, or apply for a LDC or full planning if you want reassurance. (just my opinion

You could always build the building so it falls within permitted development for a normal outbuilding, then worse comes to worse cease trading as a salon and keep the building as storage etc, or cease for a while until you put an application in.

Im extremely tempted to do this, based on all the information I have collected it seems the more you ask (the council) the more you start to open cans of worms. I know I don't need planning permission for the building BUT the misses will have to invest 10-15k to get the building up and running. If her current employer was to find out that we have done this without some form of confirmation from the authority then I guarantee she'll try to get them on our case. This is why ideally I want to do it properly but to the bare minimum when it comes to getting the council involved.

Agree, its a business start up Luke, not a whim.

 

[Nakajo]

I can't find anything formal about it though, so if you know of a different case...