Is it illegal to rent out your private drive? |
Is it illegal to rent out your private drive? |
Sun, 20 Jan 2019 - 10:18
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#1
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Member Group: Members Posts: 1,570 Joined: 13 May 2010 Member No.: 37,524 |
According to my local authority, and other sources, it is illegal to rent out your drive. Is this true and under which law (s) make it illegal?
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Sun, 20 Jan 2019 - 10:18
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Advertise here! |
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Sun, 20 Jan 2019 - 10:31
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#2
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Member Group: Members Posts: 1,423 Joined: 15 Apr 2009 From: Winnersh, UK Member No.: 27,840 |
I would like to see what references they can quote for that assertion
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Sun, 20 Jan 2019 - 10:33
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#3
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
???
Not a scoobie. There are plenty of places that suggest renting out driveways and some which act as agents. Can see plenty of pitfalls. Possible need to check mortgage or tenancy terms. Insurance Planning Permission Income Tax Local covenants But know of nothing that inherently makes it illegal except possibly via collateral issues such as change of use and need for planning permission. |
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Sun, 20 Jan 2019 - 10:36
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#4
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Member Group: Members Posts: 1,570 Joined: 13 May 2010 Member No.: 37,524 |
They took enforcement action against a local school for planning contravention, the school took it to the planning inspectorate and won now, the local authority are taking the planning inspectorate to the High Court.
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Sun, 20 Jan 2019 - 10:42
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#5
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
They took enforcement action against a local school for planning contravention, the school took it to the planning inspectorate and won now, the local authority are taking the planning inspectorate to the High Court. So an in house argument between sections of the same local authority spills over into litigation. At the cost of the local council tax payers. |
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Sun, 20 Jan 2019 - 10:42
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#6
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Member Group: Members Posts: 1,423 Joined: 15 Apr 2009 From: Winnersh, UK Member No.: 27,840 |
Can you provide more details, Web links etc. It is difficult to provide more meaningful comments otherwise
On the face of what you have provided us with, the local authority considered that the school had contravened the terms of their planning permission and a court came down on the side of the school |
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Sun, 20 Jan 2019 - 10:45
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#7
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Member Group: Members Posts: 1,570 Joined: 13 May 2010 Member No.: 37,524 |
The Planning inspectorate is not a Court. It is a government department which I think comes after under the department for the Environment. What the Council are doing is arguing with the inspectorate on points of law.
The Council have to be clear on certain points on planning law which can only be argued in the High Court, then the Court of Appeal then ultimately the Supreme Court. This local authority doesn't care about the costs, its not their money is it. This post has been edited by Korting: Sun, 20 Jan 2019 - 10:47 |
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Sun, 20 Jan 2019 - 19:27
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#8
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Member Group: Members Posts: 1,535 Joined: 16 Jan 2009 From: Up north Member No.: 25,505 |
According to my local authority, and other sources, it is illegal to rent out your drive. Is this true and under which law (s) make it illegal? cannot see how it is illegal. It might be classed as business income, but not illegal. I pay my neighbour £10 per month to store my caravan on her drive. -------------------- Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
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Sun, 20 Jan 2019 - 20:16
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#9
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I can see there could be planning implications, that doesn’t make it illegal of course!
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 20 Jan 2019 - 21:38
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#10
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I can see there could be planning implications, that doesn’t make it illegal of course! Maybe if you were doing it as a proper business. If the activity is incidental to the property's use as a domestic dwelling, and the property's dominant purpose remains use as a domestic dwelling, there would be no planning implications at all. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 20 Jan 2019 - 23:21
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#11
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Member Group: Members Posts: 7,235 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
Plethora of house owners doing it around Wembley stadium. And cheap to I paid a tenner to park in the next road, no waiting to get out any car park nonsense
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Sun, 20 Jan 2019 - 23:38
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#12
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I bet councils hate the competition.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 20 Jan 2019 - 23:40
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#13
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Member Group: Members Posts: 7,235 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
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Mon, 21 Jan 2019 - 10:55
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#14
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I can see there could be planning implications, that doesn’t make it illegal of course! Maybe if you were doing it as a proper business. If the activity is incidental to the property's use as a domestic dwelling, and the property's dominant purpose remains use as a domestic dwelling, there would be no planning implications at all. Indeed, which is why i put 'could' in most cases I don't think it would butfor multiple spaces it looks like you do. https://www.theguardian.com/society/2013/au...-parks-tax-free -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 21 Jan 2019 - 11:52
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#15
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
I can see there could be planning implications, that doesn’t make it illegal of course! Maybe if you were doing it as a proper business. If the activity is incidental to the property's use as a domestic dwelling, and the property's dominant purpose remains use as a domestic dwelling, there would be no planning implications at all. Indeed, which is why i put 'could' in most cases I don't think it would butfor multiple spaces it looks like you do. https://www.theguardian.com/society/2013/au...-parks-tax-free For multiple spaces you are creating a car park and I would be very surprised should planning permission not be needed for that. |
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Tue, 22 Jan 2019 - 14:06
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#16
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Member Group: Members Posts: 87 Joined: 30 Sep 2008 From: Brighton Member No.: 22,890 |
Just seen this article in my local rag after reading this thread
https://www.theargus.co.uk/news/17375862.br...pounds/?ref=rss |
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Sun, 27 Jan 2019 - 19:54
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#17
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Member Group: Members Posts: 1,860 Joined: 12 May 2012 Member No.: 54,871 |
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Mon, 28 Jan 2019 - 02:34
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#18
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Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
There are a lot of websites where folk with a spare driveway can list their properties ,,,I think ones nearest to Stadia and other events places are most popular ,
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Mon, 28 Jan 2019 - 02:57
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#19
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Member Group: Members Posts: 3,816 Joined: 20 Dec 2008 Member No.: 24,962 |
A school is not a private residence but Local Authoriy land.
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