How to Start & Run a B&B BandBED2eBook-1 | Page 32

tourism business to their area by offering B&B accommodation in their homes. The
authors call on the Government to look at the situation and judge how to ensure that
more small businesses are not closed at the stroke of a bureaucrat’s pen.
In planning law, “the Courts have held that the first thing to consider in determining
whether a material change of use has occurred (or will occur) is the existing primary
use of the land [or premises]. Each case will always be a matter for individual
determination by fact and degree. In particular, local planning authorities will need to
take into consideration more than just the amount of floor space occupied by the
different uses. For example, in the case of a premises which incorporates restaurant as
well as pub or bar use, the local planning authority will need to determine whether the
existing primary use of the premises is as a restaurant (A3), or as a drinking
establishment (A4), or a mixed use. This will depend on such matters as whether
customers come primarily to eat, drink, or both. It is the main purpose of that use that
is to be considered.*”
*ODPM (now Department for Communities & Local Government) Circular 03/2005: Changes of Use of Buildings and Land
So we are afraid that there are no simple, hard and fast rules we can spell out for you.
Whether you will be in danger of your local authority telling you that you must apply
for a change of use is something of a lottery, depending on where you live as well as the
circumstances of your B&B.
Do remember that it is the “primary use” and “main purpose” which applies in
determining the planning use class – C3 or C1. If your premises are your home,
especially if you have no other home, that is a very good indication that the “primary
use” of the premises is as a home. Other arguments which are persuasive are:
• that most of the area of the building is “home” rather than “B&B”;
• that income from the B&B is not your sole income;
• that your B&B activity is small-scale (especially if the maximum is six B&B
guests – see below);
• that your B&B activity would not be justified as a stand-alone commercial
business – in other words, that it has to be subsidiary to (and indeed subsidized
by) the main purpose of the premises, as your family home.
Do also remember that planning regulations are all about impacts on neighbouring
properties and the locality and its resources and amenities. So for planning purposes,
your turnover or profits are completely irrelevant; what is relevant is the effect your
business has on those around you – eg parking, the comings and goings of guests,
noise, excessive use of services (eg refuse collection) compared to a typical home, and
the visual