Council Use Classification for Premises

[wnc1981]

Hi, this seems to be a minefield of an area to navigate and if anyone could help i'd appreciate it...

Basically, I am currently looking to take on a premises which is classified as B1 and B8 which is light industrial and storage/warehousing which includes the storage of vehicles which is what I want to do. Essentially my business buys and sells vehicles mainly to the trade but also via online resources to retail buyers.

This however, could be construed as being a dealer, which I am but not like your typical roadside dealership/forecourt/showroom. Customers find me online and buy. However, this puts me on sticky wicket with use classes as dealerships come under Sui Generis and would require planning.

Question 1 is am I ok to operate under the storage class and question 2 is what would the council do to me if I was operating outside of the use class?

 

[deniser]

Hi, this seems to be a minefield of an area to navigate and if anyone could help i'd appreciate it...

Basically, I am currently looking to take on a premises which is classified as B1 and B8 which is light industrial and storage/warehousing which includes the storage of vehicles which is what I want to do. Essentially my business buys and sells vehicles mainly to the trade but also via online resources to retail buyers.

This however, could be construed as being a dealer, which I am but not like your typical roadside dealership/forecourt/showroom. Customers find me online and buy. However, this puts me on sticky wicket with use classes as dealerships come under Sui Generis and would require planning.

Question 1 is am I ok to operate under the storage class and question 2 is what would the council do to me if I was operating outside of the use class?

I think you would need planning permission for a dealership; I don't see how you can argue it is anything else as cars will be driven in and out of the premises.

If you operate without permission the Council can serve an enforcement notice requiring you to stop the use and if you are tied in to a lease when that happens you will still have to pay your rent and rates for the rest of the lease term, even if you can't trade from the premises.

Best not to go down that route.

 

[kulture]

It is probably better to talk to the local planning officer and get their advice. After all they will be the ones interpreting your use and prosecuting you if they believe you are in breach.

Now I am not a planning expert, but I suspect it will hinge on what actual use you will do. If you just store cars there, never show them, and never let customers visit, then it is a warehouse. If however you demonstrate the cars, let customers come and pick up, or let customers visit to look, then it is a car showroom.