Planning requirements for short term holiday lets / Airbnb etc.
Case reference FOI2023/00386
Published 27 March 2023
Request
Please could you advise me as to any planning requirements for permission to operate a short term holiday let in your area.
For example properties and rooms that may appear on online portals such as Airbnb, Booking dot com etc.
This is also often known as Serviced Accommodation. It is generally full furnished rooms or properties with cooking facilities etc. It may be let out for a single night, or it could be let for a much longer period of time. This question excludes apart-hotels, hotels, hostels, bed and breakfast and similar properties clearly defined in the Use Class Order.
1) Which planning use class should the property be operating in? Should it be C1, C3 or Sui Generis for example? Or can it operate in more than one?
2) Is planning permission required? if the property is not operating in that Use Class?
3) Does that Use Class change if a certain number of nights are occupied during the year? Or is planning permission required if a certain number of nights is exceeded per annum even if operating in the correct Use Class?
4) Does your answer vary if it is a full unit such as a house or flat, as opposed to an annexe or a room or two within a C3 dwelling? If yes, how would the partial or full holiday let differ?
5) Are there any other rules that serviced accommodation or short stay holiday let providers advertising on Airbnb etc., adhere to in addition to any number of nights per annum (question 3) within your area
Response
Please could you advise me as to any planning requirements for permission to operate a short term holiday let in your area.
For example properties and rooms that may appear on online portals such as Airbnb, Booking dot com etc.
This is also often known as Serviced Accommodation. It is generally full furnished rooms or properties with cooking facilities etc. It may be let out for a single night, or it could be let for a much longer period of time. This question excludes apart-hotels, hotels, hostels, bed and breakfast and similar properties clearly defined in the Use Class Order.
1) Which planning use class should the property be operating in? Should it be C1, C3 or Sui Generis for example? Or can it operate in more than one?
Proposals could relate to all of the above. The LPA receives numerous applications for holiday lets across the county. These are in varying forms such as conversions, shepherd Huts, new build.
You can use the search function on the Councils Planning page of the website to search for this type of use: (eg: Search 'holiday let') https://www.herefordshire.gov.uk/info/200142/planning_services/planning_application_search
2) Is planning permission required? if the property is not operating in that Use Class?
Herefordshire Council does not have any specific guidance on when a change of use from C3 to C1 would be required other than reference to the Use Classes Order.
The planning portal directs: https://www.planningportal.co.uk/permission/common-projects/change-of-use/use-classesThis is a useful quick guide: https://lichfields.uk/media/7156/guide-to-the-use-classes-order-in-england.pdf
The change is often a matter of fact and degree and an individual assessment of the circumstances would be required. It is a planning judgement as to whether there has been a material change of use.
3) Does that Use Class change if a certain number of nights are occupied during the year? Or is planning permission required if a certain number of nights is exceeded per annum even if operating in the correct Use Class?
Herefordshire Council does not have planning guidance in respect of a specified number of nights etc they are let. The change is often a matter of fact and degree and an individual assessment of the circumstances would be required. It is a planning judgement as to whether there has been a material change of use. We would advise that Pre application advice is sought from Herefordshire Council so that an informed assessment can be made.
4) Does your answer vary if it is a full unit such as a house or flat, as opposed to an annexe or a room or two within a C3 dwelling? If yes, how would the partial or full holiday let differ?
We are required to consider each application on its own merits. The change is often a matter of fact and degree and an individual assessment of the circumstances would be required. It is a planning judgement as to whether there has been a material change of use. We would advise that Pre application advice be sought from Herefordshire Council so that an informed assessment can be made.
5) Are there any other rules that serviced accommodation or short stay holiday let providers advertising on Airbnb etc., adhere to in addition to any number of nights per annum (question 3) within your area.
We have no 'rules' for serviced accommodation or short stay holiday lets providers that operate in our area. Again - it is on a site by site basis and requires assessment of the circumstances to make the judgement.
Documents
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