Any legal eagles here? (planning permission?)

[masterk]

Hi guys, i was wondering if i could get some advice?

My parents have run a small bus business doing school contract runs (for 3 years or so), with a minibus and a 26 seater mini coach, we recently had the front garden converted into a driveway, which meant we could get the coach well off the road (which is a rule if you get a CPC license). The buses are only stored at the house, like any vehicle.

Shortly after they got the coach they had a guy from the council around, saying the neighbours had complained about the coach, he had a good look round and decided it was absolutely fine and no planning permission was needed (even making fun of the neighbours).

Just recently they got a letter saying they should cease and desist because they need planning permission (and then said, if they were to apply they would be denied). Now they say there are no "commercial" vehicles allowed in residential areas. Basically there would be no problem if the neighbours werent being childish. Basically this is all i can find on the wonderful internet.

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?
* Will your business result in a marked rise in traffic or people calling?
* Will your business involve any activities unusual in a residential area?
* Will your business disturb your neighbours at unreasonable hours or create other forms of nuisance such as noise or smells?

Whatever business you carry out from your home, whether it involves using part of it as a bed-sit or for"bed and breakfast"accommodation, using a room as your personal office, providing a childminding service, using rooms for hairdressing, dressmaking or music teaching, or using buildings in the garden for repairing cars or storing goods connected with a business the key test is: is it still mainly a home or has it become business premises?

Now the top question is a no, the second is a no, the third is not so clear cut, the buses are only in use twice a day between 8am and 4pm, and the 4th, its not more noisy than your average diesel and its not smelly.

Basically i was just after something i could tell them in the way of advice, they just want to know if they have a leg to stand on, i hoped somewhere may have some experience with this issue (or even if anyone knows some people good to talk to about this).

Thanks for reading.

 

[masterk]

The rule of thumb is that if you drop a curb in the drive way it will need planning permission since you are technically altering the High Way (the curb belongs to the council, not you). Best to write a letter to the planning office/local authority for clarity on this issue, best case is that the planners will write back to confirm what he told you in person (which will be enough as it would be in writing), worst case is you submit planning permission retrospectively, and really worst case is you put the road as it was before.

I think i may have been a bit vague, sorry its not the curb or driveway that the council dont want, its literally just having the buses there. Curb and driveway got permission.

 

[masterk]

Am I the only person who would be mighty annoyed if I lived on a residential street and some wiseguy decided it would be great to use his garden as a coachpark?

Thats the point, whole village does it, and the funny thing is, you could have a £60,000 motorhome there and its completely fine.

 

[masterk]

Thanks Jet thats fantastic, and thanks for any input people.

 

[masterk]

Thanks for the input guys.

It does defy logic though, i mean they constantly talk about how hard it is to get local rural kids to school, and in the next instance punish people who dont buy a yard to keep two buses in. Theres little choice where they can be put.

The weirdest thing is, the neighbours that are complaining about it, cannot actually see our driveway. We sit down the end of a culdesac, with only one house (with no complaint) between us and miles of fields and the house shields the coach 60-70%.

 

[masterk]

Although something like this doesn't bother me, I know some people would be hopping mad if the neighbours had a coach parked on their drive.
I'm sure that your Operators license could be revoked if there is any dispute over you having a proper place to store the vehicles when not in use.
Were people in your street informed that you were going to be operating coaches from your home prior to it happening? Where I live the council usually put an ad in the local paper saying people are applying for an 'O' license to operate X amount of vehicles from this address, they do this to see if anyone objects to it.

Yes you need to have the vehicle off the road to get an Operators license, we even had a VOSA inspector around to check this, i believe they also posted an ad and no-one complained which was weird.

 

[masterk]

Busy Bodies TBH which winds me up to the point of no return! hope you win mate.

Thanks i think they will be ok, it was also on the front of the local newspaper this week so the council are pretty worried apparently, and most of the Fens now think these neighbours are lame.