Sweet & snack shop run from home

wendy4

I live in a semi rural area,we get quite a few visitors as there are country walks and it is close to the sea,the nearest shop is 5 miles away,i my nearest neighbour is half a mile away.
I have a bungalow which is the last house in the road after me there is just the sea.
I have converted a spare bedroom to a little shop selling sweets icecream etc and also hot drinks,everything is takeaway or people can sit in my garden weather permitting,i sell no hot food at all.
I had Environmenl health check it out and got a 5 rating ( although she said it wasnt needed because everything i sell is low risk ) i have taken out public liability insurance.
I was advised that i didn`t need planning permision as it is so small and i have not made any alterations.
I get very few customers because of the area,even on a nice day im lucky if i take £20,when the weather is bad i dont bother to open because nobody comes here.
Now i have recieved an enforcement letter,saying i have to apply for a change of use from a dwelling house (c3) to retail (a1).
It is still a dwelling house i live here,just using a spare bedroom.
Can anyone give me any advice what to do please, this is not really a buisiness it just gives me something to do and the chance to talk to people., i am so worried about this

Mistral001

wendy4 wrote: »

I was advised that i didn`t need planning permision as it is so small and i have not made any alterations.

Who advised you?

bris

No, it's no longer a dwelling house if you trade from it, it's a business premises, whether you get £20 or £2000 a day makes no difference.

They see it as a shop, shop's pay commercial rates, either the planning department or a local shop has informed the council and you will have to either comply or close.

wendy4

Family and friends told me that i wouldn`t need planning permision nobody official but also done research on the internet and went by this - ( cut and pasted from the planning departments website )

Working from Home

You do not necessarily need planning permission to work from home. The key test is whether the overall character of the dwelling will change as a result of the business. If the answer to any of the following questions is "yes", then permission will probably be needed:

Will your home no longer be used mainly as a private residence-= NO- 4 Bedroom bungalow and only using 1 bedroom
Will your business result in a marked rise in traffic or people calling? - NO too far away for people to come just for sweets only customers would be here anyway.
Will your business involve any activities unusual in a residential area?- NO Limited opening hours for a few hours in the afternoon
Will your business disturb your neighbours at unreasonable hours or create other forms of nuisance such as noise or smells?NO Not doing any cooking or attracting people who wouldn`t be here otherwise + no neighbours
Will you need to extend your house specifically to accommodate the new business? - No just using one spare bedroom.

Finefoot

I think working from home is different from running a retail unit from your home.

soolin

You say you are not really a business, but it is obvious that you are by any definition and I assume you submit accounts to HMRC each year ?

As for whether it is unusual activity in a residential area, I can assure you that running a small rest area where you sell cold snacks and drinks to passers by and have an entire room to do so is not 'normal' . A brilliant idea of course but not something you will find on most streets. I can assure you that I am not aware of Anyone else that does this so not a usual use of a spare bedroom.

I would take proper legal advice on this, not take the word of is random strangers here on MSE nor take the advice of your relatives.

Wywth

wendy4 wrote: »

Family and friends told me that i wouldn`t need planning permision nobody official but also done research on the internet and went by this ....

wendy4 wrote: »

...Can anyone give me any advice what to do please, ...

Don't rely on family and friends for planning advice, nor try and research it yourself in the interweb.

Ask your local planning officer

wendy4

soolin wrote: »

You say you are not really a business, but it is obvious that you are by any definition and I assume you submit accounts to HMRC each year ?

As for whether it is unusual activity in a residential area, I can assure you that running a small rest area where you sell cold snacks and drinks to passers by and have an entire room to do so is not 'normal' . A brilliant idea of course but not something you will find on most streets. I can assure you that I am not aware of Anyone else that does this so not a usual use of a spare bedroom.

I would take proper legal advice on this, not take the word of is random strangers here on MSE nor take the advice of your relatives.

Thank you for your reply, I know a lot of people won`t believe that i dont see it as a business but more of a hobby that i enjoy but as i have now retired to me that is what it is, i dont care if i dont make a profit( another thing nobody will believe ) but obviously dont want to make a loss.
From what i have read it looks like i will have to stop because i can`t handle the stress and its not worth it.
I cant afford legal advice which is why i had to rely on friends and the internet.
And yes i have registered as self employed.
And also it is not really a residential area as it is semi rural with only a few homes with quite a distance between them.

whitewing

Check if whoever gave you public liability insurance has a legal helpline that you can call for free advice.

[Deleted User]

Hi,

looks as though you can't win wendy4, pity, I do a bit of rural walking, and though usually prepared before I set off, a wee stop and a blether whilst picking up a chocolate bar would, to me, be harmless, especially when you are so remote.

Take care.

wendy4

[Deleted User] wrote:

Hi,

looks as though you can't win wendy4, pity, I do a bit of rural walking, and though usually prepared before I set off, a wee stop and a blether whilst picking up a chocolate bar would, to me, be harmless, especially when you are so remote.

Take care.

Thank you so much got few kind words ( not all ) from some on here
beginning to feel like a criminal, oh well if it doesn`t work out i will have to take up knitting lol