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Is childminding classed as a business? Neighbour threatening legal act


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most childminders will have the 'no business from home' stipulated in their deeds but we get around it because we don't look after more than 6 children - all local councils are different but in my experience (22 years a childminder) you are ok if you stick to the magic number of 6. I would be giving your local council planning dept a ring and take it from there.

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Hi. I had a similar query over about 2 years ago. We had a bit of an issue over a neighbour, a policeman whose wife was running a beauty business from home. Her customers were regularly using the shared driveway for parking and they had converted their garage for a treatment room. I wanted to complain as this was causing me an obstruction and yet I wasn't sure about my own childminding business. We also have a similar clause in our deeds. I took advice and the way it was explained is that as a homebased childcare service if no rooms are being used exclusively for childminding and goods are not being held on the premises it was permitted and registration for business use is not required. The answer I got was that for a childminder you didn't have to go through planning etc in those circumstances or apply for business use. However a converted garage with a treatment room and customers coming and going requiring parking for the duration of their appointment is viewed differently. They should have applied for change of use through planning and gone through the appropriate channels. Planning or your lea early years dept should be able to confirm this to you if I remember correctly.

 

I wrote a letter to my neighbour and the issue was resolved amicably. I childmind and she still uses her premises for her business which as long as her clients are not parking on our shared driveway can continue.

 

I hope you find a satisfactory solution but as I understand it cannot prevent you operating as a childminder.

 

Good Luck

 

 

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Hi again.

I just read the comment about the 6 children. This is 6 at any time and is similar to what I was told.

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Cant't believe this post. How on earth are you registering to be a Childminder without knowing the basic facts. Firstly, of course Childminding is a business and yes you certainly do need planning permission. (Usually the Council send you a letter confirming that it is OK to run a Childminding Business from your premises but stipulate that if there are ANY complaints from neighbours they will look into the matter with a view to revoking their permission. If you go ahead without this you will certainly incur a lot of aggravation, very high legal costs and the loss of your business. OFSTED sometimes ask to see your planning permission letter when inspecting.

 

If your deeds stipulate you cannot run a business then you should seriously think about getting a job in a nursery/pre school or moving to somewhere else.

 

You really should have checked this before embarking on Childminder Training.

 

Sorry to seem so harsh, but it really is basic information and you should have checked this before proceeding with your application.

 

Laura

 

Laura,

 

People come to this forum with varying degree's of knowledge and experience. Also, some authorities are much better than others at passing on relevant information and offering support.

 

The forum is a place where members can ask for advice so that they can extend their knowledge - they certainly wouldn't be asking if they already knew the answer. Also to receive the support that perhaps they are not getting locally. We hope that members respect the fact that not everyone has access to ALL information and if a question is asked, even if you personally think it's an obvious question and one that should not need to be asked, that replies are both supportive and informative.

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In 13 years of childminding no suggestion was ever made by anyone that I needed planning permission and I certainly didn't have it.

 

I've never heard of any other childminder applying for it either.

 

Hyacinth's question is perfectly reasonable.

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Thank you, again, for the wonderful advice and support. I've been reading through the other topics and there are many fascinating discussions, all generally equally open-minded, supportive comments. Sometimes just sharing a bit of a laugh. And Laura, I don't think that you're being harsh with your comments (that I should have checked this out beforehand) because in fact I did check everything out, asked Planning Dept, neighbours, etc etc and all ok. Fact is that many deeds have this restriction on but my neighbour simply doesn't like kids.

 

I'm glad that this forum is so supportive. I am learning lots from a very knowledgeable bunch of people.

Hyacinth

 

 

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