planning advice please

brooksy69

not sure if this is the right board, but feel free to move it...

Sorry this is long, but after some advice, and some good stuff usually comes out in these planning threads.

My folks live in a detached bungalow in a quiet(ish) village, and recently got new neighbours next door - who run an antique restoring business. These folk have just put in a planning application to demolish an existing shed/workshop and garage and replace it with a double garage/ workshop.

Having seen the plans, my folks are not too concerned about how it looks, as it is not too intrusive, and is more visually appealing than the old asbestos roofed building they can see now. However, my old dear is concerned about the potential noise isssue arising from this guy running his business out of the new building (which is what he seems to be intending via conversations my dad had with him) - the workshop would literally be around 20 -30 feet away from my folks bedroom, potentially causing a problem for my mother, who has to rest/ lie down frequently because of ill health - she seems worried that there wioll be alot of banging and sawing (he does own a bandsaw type thing).

Do the new owners have to declare their intention of a change of use of part of the land from residential to using it to run a business form? Also can my folk lodge a reasonable objection on the grounds of the potential noise isssue this change of use might bring about? (They have not been able to get hold of the planning officer yet - he is always out and doesnt seem to like returning calls). Anyones similar experiences and how they dealt with them would be useful.

Thanks

moj1966

I have trouble getting in touch with my planning officers too.
Phone up planning office and tell the receptioist that you can't get a call back and ask to speak to that persons manager.
that normaly does the trick for me

sham63

It depends on the description of the proposed development on the planning application as submitted.

If the application is for the new building with no mention of the proposed business use then the planning officer will have to consider it on that basis, and it sounds like it would probably be approved. Objections refering to potential for business use would not affect the decision.

However, if the application includes change of use your objections will be taken into consideration. It is unlikely that permission will be granted for such a use anyway, as it's a residential area.

If permission is granted with no change of use and they start using it for business then it is a matter for the planning enforcement team. You would have to report it yourself, the planners will no do any checks after permission has been granted.

Debt_Free_Chick

brooksy69 wrote: »

Do the new owners have to declare their intention of a change of use of part of the land from residential to using it to run a business form?

Kind of, yes. As part of the planning application they should be stating the purpose of the workshop i.e. to run an antique restoration business.

Also can my folk lodge a reasonable objection on the grounds of the potential noise isssue this change of use might bring about?

Yes - but planning permission might still be granted, with a condition about noise levels. If the expected noise level is likely to be generally acceptable (i.e. unlikely to have an adverse effect on neighbours, in general) then they will probably get planning permission.

Planning control is generally about what's acceptable/best to the neighbourhood as whole, so the next door's neighbours concerns about noise, on their own, are unlikely to result in a refusal. If planning permission is refused, there will be other specific reasons for it. If no reasons apply, then permission will generally be granted.

Have you seen the planning application? You can search for it on the Planning Portal or visit the local authority offices to have a look.

planning_officer

Not strictly true - if it's an ancillary residential outbuilding, then there's no need for the applicant to say exactly what it is to be used for. It;s not a change of use if it's still ancillary to the occupation of the dwelling - only if it becomes more intensive or generates acticity or disturbance one might not reasonably expect from a dwellinghouse would it become a change of use. Homeworking does not normally require planning permission if it is of a minor nature.

Every case is different though, so contact your local planning enforcement section and ask them to investigate any business use to ascertain whether it requires planning permission.