7.1.1. It is likely the majority of people working from home would not require planning permission to do so as it would be considered an incidental use to the primary function of the dwelling and not result in a material change of use. For example, using a room in an existing building such as a study or dining room as a home office or working space would not require planning permission and would be considered as incidental to the main use of the dwelling. However, where working from home inherently changes the overall character of a dwelling to something else, it is likely planning permission for a change of use would be required even if there is still an element of residential use within the property (i.e. a mixed use).

7.1.2. Whether the overall character of a dwelling would involve a material change of use can be assessed using the following broad criteria:

1. Will your home no longer mainly function as a private residence?
2. Will your business result in a marked rise in traffic or people calling, or business vehicles stored nearby?
3. Will your business involve any activities unusual in a residential area?
4. Will your business disturb your neighbours at unreasonable hours or create other forms of nuisance such as noise or smells?

7.1.3. If a proposed commercial activity would fall within any one of the broad criteria it would most likely require planning permission. The following sections outline how the broad criteria will be considered in the Vale of Glamorgan.

7.1.4. It should be recognised that the need for planning permission, because of a material change of use, will not necessarily mean that the activity would be considered unacceptable in planning terms. In some cases such live-work units can be a welcome addition to a sustainable community. Each case will be considered under the policy framework outlined in section 4 and further advice can be sought through our pre-application advice service.

7.2.1. This criterion relates to how the proposed business or work would change the function of the residential dwelling. The main consideration relates to whether the private residence would continue functioning as a domestic dwelling and whether the change would result in a significant element of the property being used for commercial activity.

7.2.2. Residential uses are classified under the C Class of the Town and Country Planning (Use Classes) Order 1987 (as amended). The C3 use includes dwellings, houses, flats and apartments which support a single household. These domestic types of buildings are characterised by providing for the day to day needs of occupants and enables people to live in the building. This can include bedrooms, bathrooms, kitchens, living rooms, dining rooms, studies, garages and other rooms associated with residential uses. A dwelling can serve multiple purposes and can accommodate various roles required by occupants, however, a commercial activity which significantly changes how the dwelling functions would be considered a change of use and would require planning permission.

7.2.3. For example, a new business may require additional space to function resulting in a large portion of the existing dwelling being used for commercial activities such as using part of the ground floor for a hair salon, creating a commercial workshop and storage area for products. Although the remaining space in the building may still be able to function as a domestic dwelling, the commercial activity has significantly changed the function of the original domestic dwelling and therefore would require planning permission.

7.3.1. Domestic dwellings generally have a limited impact on traffic generation in comparison to commercial activities. Therefore, when a new business starts at home it is important to identify whether this would result in a rise in traffic generation or customers arriving at the property which could have a detrimental impact upon congestion and residential amenity in the area.

7.3.2. For example, a proposed commercial use could require products or materials to be delivered to the property on a regular basis causing disruption to the local highway network and potentially impacting on residential amenity when goods are offloaded. Additionally, where a commercial use requires customers to attend the property this could increase arrivals by car potentially resulting in excessive on-street parking out of character for a residential area. Similarly, a commercial business with commercial vehicles parked nearby being used for more than just commuting / domestic use, can cause or exacerbate parking / congestion issues and even harm the visual amenity of an area.

7.3.3. Where a proposed commercial activity would result in a substantial increase in traffic, commercial vehicles or customers arriving at a property it is likely planning permission would be required.

7.4.1. Residential properties are generally located in urban areas or within groups of similar residential properties. There is an expectation within these areas that the surrounding uses will also be residential in nature. In the majority of cases non-residential uses would be located in identified commercial areas such as town centres or employment sites. However, this may not always be the case and there are exceptions which add to the quality of neighbourhoods such as a corner shop located in a residential area. In these cases, the non-residential use is considered compatible with the residential properties and would not have a detrimental impact on residential amenity.

7.4.2. New commercial activity within existing properties may result in activities which have an impact on residential amenity and would need to be considered through the planning process to ensure the impacts do not have a significant detrimental effect on the residential character and amenity of the area.

7.4.3. This can include uses which are unlikely to be compatible within residential areas such as industrial processes, animal welfare, vehicle garages, hot food preparation or takeaway, or retail. These uses maybe considered appropriate however, they would need to be subject to the planning process to determine what the likely impacts would be on the area.

7.5.1. Within residential areas, commercial activity can cause various disturbances which would not be acceptable or expected within an area characterised by residential uses. Additionally, where commercial uses are considered appropriate, the hours hey are allowed to operate would need to be restricted to reasonable hours to ensure they do not detract from the residential amenity.

7.5.2. Commercial activity relating to workshops, garages or other light industrial uses can create noise, dust or smells that are likely to detract from residential amenity. This can be caused by the machinery involved in the commercial activity and the products being created/used in the processes. In terms of operational hours, it is important that commercial activity within residential areas is controlled and is kept within reasonable hours. This can vary depending on the use but generally reasonable operating hours in residential areas are considered to be:

• Monday – Friday: 9:00a.m. to 17:00p.m.
• Saturday: 9:00a.m. to 14:00p.m.
• Sunday: Closed

7.5.3. If the commercial activity has the potential to cause disturbance to residential amenity or would operate within unreasonable hours planning permission will likely be required.

7.6.1. Some people working from home may prefer to have a separate area to undertake their work to create a divide between work and home life. Where it is not possible or desirable to create a workspace within an existing room within a dwelling another option could be to build an outbuilding within the curtilage of a property to accommodate a home working space. This can sometimes be achieved without the need for planning permission this is known as permitted development. Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (as amended) provides permitted development rights for householders to undertake certain minor improvements and alterations to their properties without the need for planning permission.

7.6.2. Householders can develop an outbuilding under Class E permitted development. Class E allows the provision of a range of buildings and structures within the curtilage of the dwellinghouse that are "required for a purpose incidental to the enjoyment of the dwellinghouse". Such development includes garden sheds, other storage buildings, garages, garden decking, pools, home offices or small workshops. In some cases, permitted development rights may have been removed from a property and therefore you should always check with the Council rather than assuming you benefit from permitted development rights.

7.6.3. An outbuilding is considered permitted development where it meets the following criteria:

• any building required for a purpose incidental to the enjoyment of the dwellinghouse within the curtilage of a property;
• total area of ground covered by buildings within the curtilage (other than the original dwellinghouse) would be 50% or below of the total area of the curtilage;
• any part of the building must not extend beyond a wall comprised in the principal elevation of the original dwellinghouse;
• any part of the building must not extend beyond a wall comprised in a side elevation of the existing dwellinghouse, and must not be nearer to the highway than 5 metres or the wall of the side elevation which is nearest to the highway;
• the building must have only one storey;
• the height of any part of the building measured from the surface of the ground immediately adjacent to that part, must be below 4 metres in the case of a building having a pitched roof or 3 metres in any other case;
• any part of the building must not be within 2 metres of the boundary of the curtilage of the dwellinghouse; and exceed 2.5 metres in height above the surface of the ground immediately adjacent to it;
• the height of the eaves of the building, measured at any point along their length, must not exceed 2.5 metres;
• any part of the building must not be situated within 2 metres of the dwellinghouse and exceed 1.5 metres in height above the surface of the ground immediately adjacent to it;
• the building must not be situated within the curtilage of a listed building;
• it must not include the construction or provision of a veranda, balcony or raised platform of which any part is more than 30 centimetres above the surface of the ground directly below it;
• it must not include the enlargement, improvement or other alteration of any part of a dwellinghouse;
• it must not include the installation, alteration or replacement of a microwave antenna.

7.6.4. If the property is located within a Conservation Area additional criterion apply:

• the total area of ground covered by buildings situated more than 20 metres from any wall of the dwellinghouse must not exceed 10 square metres;
• any part of the building must not be situated on land between a wall comprised in a side elevation of the existing dwellinghouse and the section of the boundary of the curtilage of the dwellinghouse which faces that wall.

7.6.5. One of the main considerations in determining whether a proposal meets the permitted development criteria set out under Class E is whether it is considered incidental to the enjoyment of the dwellinghouse. Under permitted development, the proposed use of the outbuilding cannot include separate self-contained living accommodation (i.e. a residential annex) nor the use of an outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen. The key consideration being if the use of a space was fundamental to the ordinary day-to-day functioning of the dwelling it would not be incidental but part of the primary accommodation.

7.7.1. Recent trends indicate increasing numbers of people are working from home and this could create a greater demand for live / work units. Welsh national planning policy supports mixed-use developments identifying them as sustainable forms of development which reduce the need to commute to work. In relation to live/work units PPW states "Development policies and Supplementary Planning Guidance (SPG) should support mixed use developments, including flexible live/work units and commercial premises, where these are appropriate" (PPW, para.5.4.14).

7.7.2. National policy does not define what constitutes a live/work unit. This is because live/work is not an easy category to precisely define and is used more as a conceptual idea than a precise planning law term. Live/work units are usually a mix of C3 and B1 uses contained within one property, but potentially other uses will be compatible with a residential use. B2 and B8 uses are unlikely to be compatible with residential uses due to their likely impact upon residential amenity and therefore are not included within the live/work definition. Other uses such as A1 and A2 could also include residential aspects but it is considered these can be appropriately covered elsewhere by retail planning policies.

7.7.3. There is a policy presumption in favour of live/work unit proposals in PPW however, developers must demonstrate that the proposed employment use and the C3 residential use are compatible with each other within the same unit and within the wider context. This is supported by PPW which states "Whilst employment and residential uses can be compatible, planning authorities should have regard to the proximity and compatibility of proposed dwellings to existing industrial and commercial uses to ensure that both residential amenity and economic development opportunities are not unduly compromised." (PPW, para.5.4.15, 2021).

7.7.4. Parking requirements for live/work units will need to consider the needs of both the residential occupant and the proposed business. Although the nature of live/work units can reduce the need for private car travel depending upon the location of the proposed development there may still need to be an element of resident parking. Furthermore, depending on the proposed employment use there maybe additional parking requirements such as space to accommodate deliveries and / or customer parking, this can be dependent on the location of the proposal and its proximity to alternative modes of transport such as public transport or active travel provision.