If you own a small business, and you are building your own premises or relocating, you will need to find out about any relevant planning permissions or change of use agreements that need to be obtained. For businesses, this brings about its own set of challenges, as the buildings used are often unique and appropriate to specific needs. Here are some suggestions to point you in the right direction when looking into at changing or modifying your business premises.
Do I Need Planning Permission?
Finding out if you actually need to obtain planning permission is an obvious but often overlooked point. For small alterations, or if you work from home, for example, there are some key questions which need to be asked
- Will your business disturb neighbours at unreasonable times of the day/night?
- If homeworking, will your house be now used primarily for business purposes?
- Will there be a rise in traffic due to your business?
The key question that needs to be asked here is whether your house will now be used primarily as a business premises rather than a home. If not, then planning permission may not need to be obtained.
If your new business premises aren’t new at all, but you feel that you would like to extend your existing space, the alteration may not require permission if your extension is related to the current use of the building and is:
- Less than 1000 sq. metres of floor space
- Below the height of the original building
- Less than 25% of the existing structure
Do bear in mind however that if your new build comes within 5 metres of the boundary of the site, or reduces the amount of space available on site, you will be required to apply for planning permission.
Change Of Use
‘Use Classes’, implemented in 1987 to regulate the type of buildings used in specific areas of land, gives local authorities the ability you see what type of structures they have in their towns and cities. Defined firstly by a letter and then a number, they range from A to C with each number being defined as a specific type of retailer. A full and comprehensive list can be found on the planning portal – change of use website.
It is often possible to convert your business within the same class without having to apply for planning permission. If the premises are staying within the retail sector, for example, permission will not be required. Planning permission is required however when there is a physical or material change of use – from a butchers to an office, for example.
Making an Application
If you have determined the need to make an application for your business premises, there are a number of different ways you can go about doing so. An architect, planning consultant or builder can make an application for you on your behalf, but if you choose to do it yourself here are some things to bear in mind:
- Consult any neighbours or adjacent businesses who may be affected by your proposal
- Accompany your application with a plan of your site
- Although it costs, consider consulting a planning officer or planning expert to get the most out of your proposal
- Find out how long you may need to wait until you get a decision on your application
After your permission is submitted, anyone is allowed to raise objections within approximately 3 weeks. If the council grants you permission, you have up to three years to start building work on your new premises. After this time, a further application may have to be submitted.
Also bear in mind that it may not be possible to alter major aspects of your planning permission application after you’ve submitted it.
What if my Application is declined?
There are number of reasons your application could be declined, but the council must give written reasons for all its decisions.
You may be able to appeal through an independent planning inspector commissioned by the Secretary of State. The good news is that 1/3 of all appeals for business developments are successful.
Where Next?
For more information about planning law, planning permission or a planning application objection, contact our legal team who are experts in the field and would be happy to help.
Contact 01634 811118 or email mail@kslaw.co.uk