Repair of small-scale machinery in detached garage not "home-working"

A certificate of lawfulness for the use of a detached residential garage in rural south Wales for the repair of agricultural machinery was refused as not incidental to the enjoyment of the dwelling house, so requiring planning permission.

The garage shared its vehicular access with the residential dwelling and was sited within the associated garden area. The restricted height of the garage would have prevented the repair of tractors and other large machinery within it, but the evidence was that small-scale machinery was being repaired at the site. The appellant claimed this was being run on a collection-only basis for 30 hours per week and constituted a bisuiness use that was ancillary "home-working". The inspector felt this level of usage was of such an intensity and non-office like nature so as to change the character of the residential use and go beyond what was incidental to the enjoyment of the dwelling house. He concluded the resulting planning unit would represent a mixed use requiring planning permission. 

Inspector: Richard Jenkins; Written representations


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