Contract holders can apply for permission to run a business from their property, and we aim to not unreasonably refuse permission for this.
How does a contract holder apply for permission?
If Bron Afon receive notification of a request for Business Use Permission, a proforma should be completed and returned to the Community Housing team with any relevant supporting documents. Retrospective permission can also be applied for if a contract holder is identified as running a business without permission.
What investigations are required?
A Business Use Permission investigation form should be completed considering:
- Is the business illegal?
- Will it compromise the health and safety of the resident, other occupiers or neighbours?
- Is it likely to cause damage to the property?
- Will it require major adaptations to the property?
- Will the business involve heavy or noisy machinery?
- Will a large number of visitors be attracted to the home?
- Are flammable products, such as gas canisters, white spirits, petrol or cooking oil required to be stored?
- Will it involve lots of animals, birds or reptiles being kept in the property/ garden?
- Will a significant number of items be required to be stored inside or outside the property?
- Will storage or a significant amount of vehicles in curtilage of property or on BA land be required?
- Will the business involve vehicle repairs?
When can I approve a request to run a business?
Permission can be granted unless yes is answered to any of the questions above, providing the contract holders business is unlikely to result in any issues for the residents of the area, or BA.
Permission can be granted on a provisional basis (e.g. restricted business hours, requirement to provide proof of license/ insurance) and permission can also be withdrawn at any time subject to nuisance complaints, advice from other agencies or conflicts with BA’s values.
What if I discover a contract holder is running an unauthorised or unsuitable business?
A Business Use Permissions investigation form should be completed, and appropriate action taken to investigate commenced as soon as possible, as failure to do so may be considered in legal terms as consent being provided by default.
The contract holder should be advised to complete the Business Use Application form so retrospective permission can be considered
If the business is not something that would normally be approved, or if a business with permission granted causes a nuisance, or damage to the property (i.e. laundrette from home/car repair garage) the contract holder should be asked to cease business by an agreed date. If they fail to do so, a RHW23 Notice can be served based on a Section 157 contract breach, and court proceedings can be applied for to regain possession of the property.
What if a complaint is made about a contract holder running a business from their home, and we have not provided permission for this?
If this is generated through an ASB complaint or a counter complaint, for example due to noise nuisance, then please follow the ASB procedure to work through the complaint process.
If we receive notification of, for example, a contract holder buying and selling vehicles from their home / fixing vehicles on Bron Afon land, and this is not in relation to a pre-existing ASB complaint, an investigation should be carried out to establish if this activity is taking place. If it is evidenced, the relevant written warnings should be issue and this should be dealt with as a breach of contract conditions under Section 157.