Planning - Working From Home

The use of the home for working is not a new phenomenon. Before the Industrial revolution, most people worked at home, or close to their home. Living above the shop was also typical. With the onset of industrialisation, mass production meant that people went to where the work was. This resulted in the building of factories and the creation of new industrial areas. Daily travel or "commuting" then became the norm.

The development of small businesses can play an important role in promoting local employment opportunities. Many people wish to run a business from home rather than from separate commercial premises designed for business use. The business may be the main income earner for a person or family or may be part-time way of earning extra income, perhaps started as a hobby. Recently, many businesses have been encouraging office and mobile staff to use their homes as a base, as a means of reducing overheads. Additionally, the pressure to reduce carusage for environmental and social reasons is beginning to high light the benefit of home working for many people. These changes are supported by the rapid development of information technology which is encouraging and allowing teleworking and "hot desking" in many professions.

Already it is estimated that more than 2,000 of South Bucks residents are working from home, perhaps 7% of the workforce. However,working from home is not always welcomed because it can lead to disturbance to near neighbours. Therefore the Council has to exercise some degree of control. South Bucks District Council wishes to encourage and help small businesses, subject to protecting the environment and amenity of residential areas.

The purpose of this note is to give advice on when planning permission is needed and whether particular business activities may be acceptable. The note gives general advice only. You should always contact the Planning department to find out if you need planning permission for a particular activity in your home. You can get advice in person by visiting the offices of South Bucks District Council in Capswood, Oxford Road, Denham or by telephoning or writing. You are very strongly advised not to do anything without checking the situation first. Contact details are given at the end of this page. It should also be appreciated that as businesses expand, such growth can cause difficulties. It must not be presumed that because a particular activity did not initially need planning permission, that growth of the business in the same location is acceptable.

Planning Permission

Will you Need to apply for Planning Permission?
The answer to this question depends on the nature of both the business activity and the dwelling from which it is to be carried out. This is because planning permission is normally required for a business where a material change of use occurs. This depends on the scale and character of the business activity and the effect on the character of the dwelling from which it is operated. If you comply with all of the following, you may not need planning permission, but always check first:

Some examples are as follow

• Planning permission may not be required
• Dual business and domestic use of a single room or outbuilding as an office, not requiring significant deliveries or callers
• Occasional use of domestic kitchen for seasonal produce
• Childminding activity for a few children
• Occasional sale or servicing of vehicles belonging to the household
• Occasional meetings
• Using outbuilding or garage for a low-key hobby
• Use of one or 2 bedrooms for bed & breakfast
• Overnight parking of a single small trade van or taxi
• Keeping and breeding a few small animals

Likely to require planning permission

• Exclusive business use of one or more rooms or employment of staff
• Commercial kitchen and catering
• Regular day nursery or creche
• Sale or repair of vehicles belonging to non-residents
• Regular formal meetings and gatherings
• Using outbuilding or garage for manufacturing
• Guest house or nursing home
• Parking of a heavy goods vehicle or coach
• Boarding of animals for fees or keeping a significant number of animals

If planning permission is needed, it will be judged against policies set out in the Local Plan for this area, in particular the policy setout below:

Local Plan Policy E7
Permission will only be granted for part of a dwelling to be used for the purposes of working from home where: -

1. the proposed use would be operated by the residential occupier of the dwelling; and
   
2. the proposed use would of a small scale and the main use of the property would remain residential; and
   
3. the proposal would be compatible with, and would not adversely affect the character or amenity of, nearby properties or the locality in general and would be in accordance with Policy EP3 (Use, Design and Layout of Development); and
   
4. the proposal would comply with all the other policies in the Plan. Particular attention is drawn to policies TR5 (Access, Highway Works and Traffic Generation) and TR7 (Parking Provision)

In assessing a proposal against the above policy, the local plan states that the Council will take into account the effect of the proposal on adjacent residential properties and the character of the residential area. Proposals which significantly alter the character of the dwelling will not be permitted.

Other Permissions

Licences
Certain operations require some form of licence or are covered by controls in addition to any planning requirements, for example:

• Food for sale/ catering (Food hygiene and environmental health requirements)
• Childminding (Social Services)
• Nursing Home (Social Services)
• Animal Breeding (Environmental Health)
  Please note these are only examples of cases where a licence is needed.

Advertising
Advertisement consent is required for most signs, other than very small unlit signs. The Planning department can advise you on this.

Listed buildings
Buildings that are listed or located in Conservation Areas may be subject to additional requirements. Again, the planning department can give you advice.

Electricity, Gas and Telephones
Some service providers may charge a different tariff for business customers, so it is important to check about the advantages or disadvantages of different tariffs.

Trade waste
Only domestic refuse is collected without charge. If a business activity generates trade waste, arrangements for collection should be discussed with the cleansing section of the District Council’s Environmental Services department

Food Regulations
Any catering activity must comply with strict regulations. You will need to register your operation with the Council’s environmental health lhealth section

Health and safety
The health and safety at work act applies tom work being carried out at home. All working area and equipment must be checked for safety. The Health and Safety Executive produce a useful leaflet called  "Homeworking".

Covenants and Other Restrictions
You should ensure that there is no restrictive covenant on your property deeds that prevents the activity you are proposing

Landlord Approval
If your accommodation is rented, you should ensure that your landlord is happy with the intended operation.

Mortgage Lenders
Many mortgage lenders require notification that commercial activities are being undertaken

Business Rates and Taxation
Any property or part of a property which is used for non-domestic purposes may be subject to the levy of a business rate (national non-domestic rate). The Valuation Agency, which is part of the Inland Revenue, makes the decision on this. It is best to check the likeli hood of such a rate at a very early stage. You should check with your accountant or the tax office how working from home might affect your taxation situation.

Insurance
You should ensure that property insurance for both buildings and contents provide suitable and adequate cover for business purposes,including liability cover. You should seek the advice of a professional insurance adviser.