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Is it illegal to rent out your private drive?
Korting
post Sun, 20 Jan 2019 - 10:18
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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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post Sun, 20 Jan 2019 - 10:18
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I am Weasel
post Sun, 20 Jan 2019 - 10:31
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I would like to see what references they can quote for that assertion
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DancingDad
post Sun, 20 Jan 2019 - 10:33
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???
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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Korting
post Sun, 20 Jan 2019 - 10:36
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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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DancingDad
post Sun, 20 Jan 2019 - 10:42
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QUOTE (Korting @ Sun, 20 Jan 2019 - 10:36) *
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. huh.gif
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I am Weasel
post Sun, 20 Jan 2019 - 10:42
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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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Korting
post Sun, 20 Jan 2019 - 10:45
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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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oldstoat
post Sun, 20 Jan 2019 - 19:27
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QUOTE (Korting @ Sun, 20 Jan 2019 - 10:18) *
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.


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The Rookie
post Sun, 20 Jan 2019 - 20:16
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I can see there could be planning implications, that doesn’t make it illegal of course!


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cp8759
post Sun, 20 Jan 2019 - 21:38
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QUOTE (The Rookie @ Sun, 20 Jan 2019 - 20:16) *
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.


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mickR
post Sun, 20 Jan 2019 - 23:21
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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 wink.gif
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cp8759
post Sun, 20 Jan 2019 - 23:38
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I bet councils hate the competition.


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mickR
post Sun, 20 Jan 2019 - 23:40
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here
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The Rookie
post Mon, 21 Jan 2019 - 10:55
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QUOTE (cp8759 @ Sun, 20 Jan 2019 - 21:38) *
QUOTE (The Rookie @ Sun, 20 Jan 2019 - 20:16) *
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


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DancingDad
post Mon, 21 Jan 2019 - 11:52
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QUOTE (The Rookie @ Mon, 21 Jan 2019 - 10:55) *
QUOTE (cp8759 @ Sun, 20 Jan 2019 - 21:38) *
QUOTE (The Rookie @ Sun, 20 Jan 2019 - 20:16) *
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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Waspeze
post Tue, 22 Jan 2019 - 14:06
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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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DastardlyDick
post Sun, 27 Jan 2019 - 19:54
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QUOTE (mickR @ Sun, 20 Jan 2019 - 23:21) *
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 wink.gif


Twickenham too biggrin.gif
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StuartBu
post Mon, 28 Jan 2019 - 02:34
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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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ford poplar
post Mon, 28 Jan 2019 - 02:57
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A school is not a private residence but Local Authoriy land.
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