When Does Working From Home Need Planning Permission?

• Published date: 23 November 2021
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Trials & Appeals & Compensation, Construction & Planning
• Law Firm: Russell-Cooke Solicitors
• Author: Alex Ground and Amanda Brodie

The recent judgment in the case of Sage v Secretary of State for Housing, Local Government and Communities [2021] EWHC 2885 (Admin), provides clarification on when planning permission is required to work from home which is more important than ever with the increasing use of the home as a place of work and business.

Planning permission is required when there is a "material change" of use as well as when there are operational works. One of the exceptions to this requirement is use for a purpose incidental to the enjoyment of the dwellinghouse. The judgement acknowledges that the two tests often overlap, but not always. The key question as to whether use is incidental is whether there has been a change in the character of the use.

The case dealt with a personal trainer who lived in a semi-detached house. In his garden was a building which he used as a gym. The gym was used by himself, friends and family and for paying clients (four to five a day on weekdays and more at the weekend). He had applied for a Certificate of Lawful Existing Use to confirm that the use of the gym was lawful without any planning permission, on the basis that either it did not amount to a material change of use or was incidental to the residential use. That CLEUD was refused by the Council and he had appealed. The High Court held that the Council was correct as the use had gone beyond what was incidental.

What implications will this case have for councils, individuals working from home or neighbours of those working from home?

Whilst there are often planning appeals dealing with similar cases this is the first high court decision that has considered the issue of additional uses in the context of a residential home.

Given the change in working from work patterns caused by the pandemic, its guidance is therefore most welcome. Councils are likely to see increased numbers of complaints from neighbours as people settle into new patterns post-pandemic. Most individuals who want to carry out their business from home will just get going with it and await any complaints/threatened enforcement action. However, for those that need to invest capital to make adaptations to their home before they carry out the business there, they may want to consider applying for a Certificate first. The...