Do I Need Permsission to Do Mechanical Work on My Driveway?

Q.

Our neighbour is constantly harrassing my husband over every little thing that annoys him. Most points were so trivial we ignored him, or did what we could to minimise his frustration, but his newest complaint could have a direct effect on us so we need to know where we stand legally.

We currently have 3 cars in our private driveway, but my husband regularly works on them himself, including full engine conversions, mainly during daylight hours. Our neighbour is arguing that we aren't allowed to do mechnical work on a car without planning permission?

I presumed that, seeing as they are all registered to my husband and on private ground it's irrelevant, but I am now wondering if we're breaking some sort of environmental rules? I would really appreciate any advice you could give us, thanks.

A.

Your question raises a number of potential issues regarding your husband’s use of the property and any trouble which your neighbour could cause you because of it.

You say that you currently have three cars parked on your private drive. From your description of your husband’s activities, and your neighbour’s complaints, it sounds as if this is an ongoing situation. The cars are registered in your husband’s name - but it is not clear whether he works on them as a hobby or whether he buys old cars, does them up and sells them on. You do not specify whether the private driveway is attached to your home or to business premises.

Presumably your neighbour’s complaint is that you are running a business from residential premises. If your husband works on the cars as a hobby he is unlikely to need planning permission but your neighbour could complain that the works cause a nuisance or other disturbance.

Running a Business From Residential Premises

Increasing numbers of people now run businesses from home. Whether they require planning permission will depend on the impact that their business activities have on the nature of the premises and the surrounding area. If a business has the effect of changing the nature of a property to such an extent that it is no longer primarily a residential property or if it has an unacceptable impact on the surrounding area, planning permission may be required.

If the primary purpose of the premises is still to provide you and your husband with a home and the business has no great impact on the surrounding area he may not need planning permission. If any of the following apply planning permission may be required:

• Alterations have been made to the outside of the property and / or signs have been put up;
• The business is carried out by people who do not live at the property or employees live there;
• The business causes disturbance or a nuisance to neighbours. This could be due to: noise or smells caused by the works; customers or deliveries at the property; vehicles or other goods being stored at the premises; or, works being carried out at antisocial hours.

The above list is not exhaustive. If your neighbour were to complain to the local council - or they otherwise became aware of your husband’s activities - they could require him to apply for planning permission. Planning permission will only be granted if it is decided that the business does not unacceptably interfere with the residential nature of the surrounding area and could be granted with conditions. Where a business is run without planning permission councils may take legal action which could lead to a substantial fine.

If in doubt about your position your local authority Planning Officer should be contacted for advice.