Garden Office\Salon - guidence appreciated

[freddiemercurystwin]

If I knew of the actual case I'd post it. I guess I saw it on DIYnot or google somewhere ......

Maybe I dreamt it?

 

[LukeB123]

If it is a business, you have answered your own question, and you will need to apply for planning permission - see my very first reply

 

[Nakajo]

And round and round we go

 

[freddiemercurystwin]

Please state where in the legislation it says that cutting peoples hair in an outbuilding within the curtilage of a dwelling property must have planning permission?

 

[LukeB123]

It doesn't. I'm going for the part of the legislation that says that the outbuilding should be "incidental" to the enjoyment of the dwellinghouse. Again without much info I think that the original poster would struggle to prove that a "salon" (defined as "An establishment where a hairdresser, beautician, or couturier conducts trade") would be incidental to the main use of the house.

I think a few of the arguements bought up over the last few years in case law (such as why this cannot be accomodated into the original dwellinghouse?, if the need for the building could be reasonably required for inicdental enjoyment and how the use would be considered in planning terms when looking at the context of the whole planning unit) would lead me to thinking that the buildings use wouldn't be incidental.

It's just an opinion, and without full facts there's no real yes or no answer from me, but I would defintely be leaning on the side of the OP requiring an application.

 

[freddiemercurystwin]

Oh right its your opinion now, so this post was incorrect then?

If it is a business, you have answered your own question, and you will need to apply for planning permission - see my very first reply

 

[LukeB123]

Nope, both are fine. If you say you want a run a business in an outbuilding, rather than use it as a use incidental to the dwelling house, then it needs planning permission, no need for opinion.

My opinion, which is based on a few pieces of information cannot be just yes or no, as I don't have all the facts, and without knowing site layouts / dimensions / specifics, therefore that's an opinion. Hopefully this has helped the original poster out somewhat, and not hindered!

 

[shabbaranks]

So yeah - the long and short of it is I do need to apply for planning permission. Mainly because of the use of the unit - I spoke to a friend who works for the local council and he said because it could potentially increase traffic etc you will need to apply for planning which is nuts because the traffic etc has nothing to do with the actual building anyway... Planning it is.

My next question in relation to this is - what would I need to submit? I know I need to get an ordinance survey map to show where I am, and I know I need to get a plan of the garden office, but how detailed does it have to be? Also the fact that I would need to apply for building regulations (is that the correct term??) how do I go about this?

Im trying to get some specs from suppliers but they don't want to send me a detailed plan of the office without paying some kind of ridiculous price - surely there is an easier way?

 

[Nakajo]

To repeat. You do not need PP to build the shed. You may need PP to use it as a business. If it was me, I'd cross that bridge when I came to it. I doubt that one customer per hour constitutes an increase in traffic.

 

[shabbaranks]

To repeat. You do not need PP to build the shed. You may need PP to use it as a business. If it was me, I'd cross that bridge when I came to it. I doubt that one customer per hour constitutes an increase in traffic.

True but if this shed is going to cost between 10 - 14k to install and then someone does complain and it all kicks off I don't want to be stuck in that position. Especially when I know that a certain ex employer will be first in the queue to give the council the low down on what they need to know. Its worth doing properly and going all above board (but in theory I totally agree with you)

 

[Nakajo]

I still don't really see what you think is 'below board'. You have the right to build the shed. You have (or can obtain) the right to operate a hair salon business from your property. I must be missing something.

 

[freddiemercurystwin]

Who did you speak with at the Local Council'? Unless they are a planner they won't know categorically. If you're set on being all above board then for what it's worth you may as well write off to the council and find out officially, provide some background on the existing parking and the anticipated use, OK, they may well come back and say PP is required anyway but you never know.

 

[freddiemercurystwin]

I still don't really see what you think is 'below board'. You have the right to build the shed. You have the right to operate a hair salon business from your property. I must be missing something.

Why would they build the building if they won't get permission to use it as a salon? That'll be £12K or whatever down the drain!

 

[shabbaranks]

I still don't really see what you think is 'below board'. You have the right to build the shed. You have the right to operate a hair salon business from your property. I must be missing something.

Why would they build the building if they won't get permission to use it as a salon? That'll be £12K or whatever down the drain!

This is exactly my point - we don't want a shed we want a salon I spoke to someone who works in the environmental part (but they have contacts in planning) he said that if I was to use it as a room for what ever then its no problem at all. Its the fact that we intend on using it as a salon and would suggest getting planning as if people did object then the council could shut it down until it was approved.

When you say write off to the council - how do I do this? I mean I have spoke to the planning department to which they suggest completing the £42 form and go from there. But this doesn't count as an official confirmation for that you need to apply for some kind of certificate.

 

[Nakajo]

But I think it's the principle of using your home (or a room within the curtilage of your property) as a salon, not your shed per se. I would apply for permission to operate a business out of your home, and then build the shed under PD.