Proposals for the new use class ‘C5 short term let’ which the Government is currently consulting upon.
The proposals will relate to residential accommodation which, whilst used as holiday accommodation, currently falls within the existing C3 ‘dwellinghouse’ use class.
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The new use class is being considered to protect local people and support tourism.
In parallel with the new use class, revisions are also being proposed to permitted development regulations which would introduce an allowance to change between uses C3 and C5 without the need to secure express planning permission. The consultation runs until 7th June 2023.
Concerns about the potential impacts of short term lets – Airbnb’s and similar – relating to the loss of general housing stock and anti-social behaviour, have been growing as the sector expands. This is especially in those areas such as the West Country or national parks, where there is strong demand for this type of accommodation alongside an already acute housing shortage for local people. The changes being considered are intended to help address these concerns.
A review of the proposed changes raises several questions. Firstly, the new class is intended to apply to a wide range of occupation types covering both the more obvious activities such as the year-round use of dwellings for holiday letting, but also to the part use of houses for this purpose with the remainder remaining within existing C3 use. There are some obvious ambiguities which will flow from this flexible approach, and it is far from clear how these can be properly reconciled. For example, at what point would be the C5 use start and be considered to depart from the C3 use? Experience suggests that there would be much legal ambiguity on this point and that this will generate some complexity to the planning process.
In addition, the changes are intended to apply nationally. It will therefore require individual local authorities – such as those where concerns about holiday lets are most strong – to act proactively to apply steps such as Article 4 directions to remove the permitted development rights if there is a justification for this. These rights need to be applied carefully and in a very specific manner. These considerations may have the effect of limiting Council’s ability to control the use of short term lets in the manner they would wish and therefore be contrary to the Government’s objectives of allowing greater control.
Bell Cornwell undertakes a considerable amount of work within the tourism and holiday sector and we will continue to monitor the evolution of these proposals.
If you have any questions on the proposals or are looking for planning advice in relation to holiday or other forms of development, then we would be delighted to speak to you.
Get in touch with us now .https://www.bell-cornwell.co.uk/contact/
