Can't Rent out Driveway

spidystrider

I decided to start renting out spaces in my driveway at the end of last year. I haven't been that busy, but hoped it would build over time. I was averaging a couple of cars a month until May, when it was more like a couple a week. I've been adding this little bit extra to my mortgage payments. Unfortunately a neighbour has taken offense and contacted the local council. They have informed me that I cannot carry on without applying for partial change of use.

I did read up a bit about renting driveway spaces before I started and most information stated that as long as I didn't increase my driveway space and put up signs, it should be fine. Just my luck to be in an area where the local council is so strict.

The crazy thing is that we have a terrible problem with parking on our street, because we live next door to an airport. Loads of people park in the street and go off on holiday, leaving no room for residents or their visitors. I admit that I rent out for the money, but also thought that it would help with the congestion.

I phoned my local council today and spoke to a very abrupt women, who was so unhelpful. The most I could get from her was that no way could I rent out without applying for a partial change of use for my driveway. Does anyone know how expensive this would be and if I would have to pay business rates for my driveway. I've no clue what step to take or whether it would be worth it.

Thanks for any advice you can give me.

eddddy

Hi Spidystrider

Your first step would be to apply for planning consent for change of use. As you are the householder - I believe an application costs £172.

But I would be very surprised if you were granted planning consent for this.

Most council planning departments allow you to make an informal enquiry first, at no charge. They should indicate the likelihood of you getting consent. This might save you wasting £172 on a lost cause.

However, if the planning department sound positive you could then check that your mortgage and insurance t&cs allow it.

spidystrider

Thanks eddddy, that's some good information there. I hadn't even given thought to how our mortgage provider would feel. I must have had my head in the clouds when I started doing this because I didn't have a clue how complicated it could get.

DRP

spidystrider wrote: »

Thanks eddddy, that's some good information there. I hadn't even given thought to how our mortgage provider would feel. I must have had my head in the clouds when I started doing this because I didn't have a clue how complicated it could get.

i guess it wouldn't have got complicated at all if you didn;t have a PITA neighbour!

pimento

How did the neighbour know?

I'd just brazen it out and say they're your mates cars.

spidystrider

I was surprised that anyone felt the need to complain, but we have quite a few snobby neighbours, who pass our driveway. There was one week in May when we had 5 cars in the drive and only 1 was ours, so we maybe pushed it too far. That is the only really busy week we have had so far. We have a huge driveway though, with a wall all the way round, so you can only see the driveway through the gate. We do have one set of neighbours who's house sits on a high area behind us, so they can also see right into the driveway. We are a quiet family and the people coming in and out the driveway have always been very quiet too, so really disappointed that anyone would feel they had a reason to complain about us.

Elsewhere

You are running a business from a residential property, so you really need to have a change of use. I'm only guessing, but it could be that if you carry on unhindered you may get the equivalent of "squatters' rights" to run a business - and this is what worries the neighbours!

They're probably thinking that if they turn a blind eye now and you want to run a scrapyard or a glue factory in a few years time they won't have a leg to stand on if they tried to protest :eek:

martinsurrey

http://www.planningportal.gov.uk/permission/commonprojects/workingfromhome/

the main use of the premises is still residential, I doubt anyone would call 5-10 car movements a day an increase in traffic, parking is not unusual in a residential area, as long as the parking is office hours, there is no disturbance to the neighbours.

I would challenge the councils reasoning on this as it doesn’t meet the criteria to require a change of use.

The words to include are “the business is incidental to my enjoyment of the premises as a residential property”

lincroft1710

I hope you're declaring your income from this to HMRC as with neighbours like yours, they're bound to tell HMRC about your "little earner".

olly300

martinsurrey wrote: »

http://www.planningportal.gov.uk/permission/commonprojects/workingfromhome/

the main use of the premises is still residential, I doubt anyone would call 5-10 car movements a day an increase in traffic, parking is not unusual in a residential area, as long as the parking is office hours, there is no disturbance to the neighbours.

It's the times of car movements.

Lots of people arrive early/late due to the time they need to check in/get through customs. This is what will annoy a neighbour.

When I've used this to park my car at airports, a few of the homeowners have limited the number of cars they park even though they have more space as they have had to be careful not to annoy their neighbours.

spidystrider

Thank you martinsurrey, I will definitely look a bit further into this before giving up. I am in Scotland, so not sure if rules are different here. The women I spoke to in planning was adamant.

Thanks for the advice on my little earner too lincroft. I will be declaring it, along with my earnings from a flat I let out. I am still earning nowhere near the amount for paying tax though.

As olly mentioned, there are a few cars that arrive during the night, but there is a high wall between us and our neighbours and our houses are well spaced from each other. I would be really surprised if anyone could hear cars coming and going. Weeks can go by without anyone parking in the drive and apart from one very busy week, we usually have no more than 2 cars parked, with most people staying for between 3 - 7 days, so not much coming or going at all.