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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19887
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have received said planning contravention notice, as I run

Resolved Question:

I have received said planning contravention notice, as I run a mobile tyre business from home. I have a van on my driveway and use it during the day out on the roads, no customers come to my house. But I do receive 3 to 5 tyre deliveries a week. Approx 5 minutes to deliver 2 to 8 tyres per delivery, by a large van or sometimes a smaller transit type van. I also use my study as a small office for paperwork relating to the business.
Do I need planning control to work from home?
Submitted: 11 months ago.
Category: UK Law
Expert:  Stuart J replied 11 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Is your company registered to your home address?
Customer: replied 11 months ago.
No it is registered at my accountant
Expert:  Stuart J replied 11 months ago.











Somebody has obviously objected.



How often do you come and go
during the day?



What exactly does the letter say?



What address is on your
letterheads/bills?










Somebody has obviously objected.



How often do you come and go
during the day?



What exactly does the letter say?



What address is on your
letterheads/bills?

Customer: replied 11 months ago.
Yes my neighbour has objected as he says it devalues his house, by me running a business here ( for the last 4 years),
Bills for tyres do come to this home address. Tax / vat etc go to my accountant. Address on company invoices is the franchisors address in Shrewsbury.
My returns during the day can vary, sometimes twice if not much work on, other days I can be out from 8:30 till 7 pm.
The letter is titled' alleged unauthorised business,'XXXXX Planning contravention notice, alleged breach of planning control.
It continues.... In order for the local planning authority to assess the planning situation, I hereby, by way of service upon you, enclose a planning contravention notice which should be completed and returned within the specified time limit and would draw your attention to the penalties for failure to comply. All information must be supplied in the planning contravention notice and not in a separate letter.

There is then a 3 page questionnaire asking for size of property, amount of area used by the business, how many deliveries per week, size of delivery van how long it takes to unload etc.
Expert:  Stuart J replied 11 months ago.


Running a business from home does not necessarily need planning
permission. I do a lot of work from home and a colleague of mine he does all
his work from home. He simply uses a bedroom as an office and that is it.
Nobody comes and nobody goes and he has no deliveries, he just works online and he does not have or need planning permission.

There is no absolute rule as to whether planning permission is
required or not and what the local authority look at the comings and goings and
the general impact on the area.



If you had no deliveries and the chances are that the local
authority would not even have bothered because then you could genuinely say you
were not running a business from home but you simply parked the vehicle at
home.



It is the impact of the delivery vehicles and the comings and
goings of your van each day which is the problem. At this stage in time, all
you can do is fill in the form and be as honest as you can. There is no point
in playing this down because you can bet your bottom dollar that the neighbour
will have monitored the comings and goings and will no doubt have them down,
almost to the minute!



If you have tyres stored in your garage or any equipment that
would almost be fatal to any submission that you make that you are not running
a business from home. You don't necessarily have to have people visiting in
order to be running a business from home



I'm afraid that at this stage in time you are at the mercy of the
local authority.



I'm sorry, I appreciate that this is probably not the answer you
wanted but the fact is you have given me will make me think that the local
authority are probably not going to look on this particularly favourably.



It is nothing in particular which is fatal would everything
together.



If you had one delivery a week it would help



if you only went out once a day and came back once-a-day that
would help.



I appreciate that it is an on demand service but the very essence
of what you are doing I think you have to say that you are running a business
from home because you cannot say, in all honesty, but you are running it from
anywhere else. Sorry



Does that answer the question? Can I assist further or answer any
specific queries?



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Regards.

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19887
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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