If you own a small business and 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 changing or modifying your business premises.
Do I Need Planning Permission?
Running a Business From Home - Working From Home
Finding out if you actually need to obtain planning permission is an obvious but often overlooked point. If you work from home, for example, there are some key questions which you need to ask:
- Will your business disturb neighbours at unreasonable times of the day/night?
- If working from home, will your house now be 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, or, in other words, whether the overall character of your home would change as a result of the business. If not, then planning permission may not need to be obtained.
Altering existing premises
Suppose 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, meets criteria and satisfies conditions that change from time to time.
You can read our full guide to planning permission here.
Change Of Use
‘Use Classes’ regulate the type of buildings used in specific areas of land, giving 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, a full and comprehensive list can be found on the Planning Portal’s change of use website.
It is often possible to convert your business within the same class without having to apply for planning permission. Planning permission is required, however, when there is a material change of use.
Making an Application
If you have determined the need to make an application for your business premises, there are a number of ways you can go about doing so. We can make a planning application for you on your behalf, but if you choose to do it yourself, here are some things to bear in mind:
- Consider speaking to 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 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. If the council grants you permission, check the contents of the approval carefully and make sure you comply with any conditions and timeframes.
What if My Application is Declined?
There are a number of reasons why your application could be declined. The council must give written reasons for all its decisions.
Depending upon the reasons why your application has failed, you can revise the application and resubmit. Alternatively, you can appeal to the Planning Inspectorate; appeals are determined by an inspector appointed by the Secretary of State. Read our guide to planning appeals for more information.
Where Next?
For more information about planning law, planning permission, planning appeals or a planning application objection, contact our legal team who are experts in the field, and are happy to help.