The Pandemic has been a bit of a game changer in planning matters in many ways. it has accelerated home-working, Welsh Government itself has set a target of 30% of people “remote” working at or near to home. Home working is a familiar concept here.

As ever, the law is changing.. A judgement handed down today (in respect of a Personal Trainer operating from a garden building at home) may prove to be a little problematic.

Without going into the specifics of the case, it centres around a lawful development certificate and (English) Planning Practice Guidance on working from home. Welsh Government also issues similar, but not identical guidance. Both sets broadly focus on the localised “environmental” impacts. Guidance is not a statement of the law of course. The case however points to the limitations of using environmental impact as the measure not of impact but of materiality of the change of use. It tells us:

…, a material change of use can be made without any adverse environmental impact at all. Treating environmental impact as the seemingly crucial issue for the judgment as to whether a material change of use has occurred, or a purpose is reasonably incidental is not consistent with clearly established law. The crucial test is whether there has been change in the character of the use. Environmental impact can be relevant as evidence that a material change has occurred, because a use of the new character may be capable of yielding environmental impacts or have done so already. The Guidance as written is apt to mislead as to what the real question is, and as to the true but limited relevance of environmental impact.

The consequence of the case is that there may well be tightening up of how (your still home working Planning Officer) will approach your request to work from home without permission and applications being requested where once they weren’t. It’s therefore crucial to understand what you are doing if working from home and how it relates to the correct tests of materiality where change of use (or a secondary/mixed use) my be involved.

As ever we are happy to advise.