Government is finally consulting on a new measures designed to control the huge rise in Short Lets or Airbnbs.

They propose planning changes which could allow councils to stop homes being turned into Airbnbs and sucked out of residential use and separately are also consulting on a national registration scheme for Short lets and Airbnbs.

BOTH ARE NEEDED - BUT IT IS IMPORTANT THAT THE NEW MEASURES HAVE TEETH AND ARE EFFECTIVE

This is an important moment.

It is up to us all to respond and ask for new powers that can make a difference and will keep more homes in residential use. It is time to for local communities to be allowed to take back control of their housing.

The DEADLINE for responding is 7th June 2023 and details of our advice and links to the TWO consultations follow below:

There are two consultations and we have collaborated with partners to agree responses that you can read and take points from for your response if you wish.

We look at the Consultation on creation of a new Planning use class below - if you want to look at the Registration System Consultation see info page with links here

We have been calling for the creation of a new Planning Use Class for Short Lets and it is already being introduced in Wales

Guide to Responding to the Government Consultation on the creation of a new Planning Class reflecting Short-Lets removal from availability as longer-term primary residences:

Please feel free to copy/use parts of the text below to respond to the consultation on Short Term Lets.

You can respond by emailing [email protected]

 or fill in the online consultation – using the link below:

Planning Use Class for Short Lets (Airbnbs etc) Consultation:

https://www.gov.uk/government/consultations/introduction-of-a-use-class-for-short-term-lets-and-associated-permitted-development-rights

Below we take you through a shortened version of our response to each question - you can also download a pdf document with a longer version - download here

Q.1 Do you agree that the planning system could be used to help to manage the increase in short term lets (STLs)?

Yes.

The change would give the councils the power to refuse conversions of ordinary homes to short term lets (STLs), by creating a separate use class. This change could limit future conversion of homes to short let use and reduce future loss of residential housing stock. However it will not combat current levels in areas where they have already reached saturation point and damaged access to housing for local people.

Q.2 Do you agree with the introduction of a new use class for short term lets?

Yes.

Reasons:  Short Term Lets are vastly different from ordinary homes, for example, in terms of turnover, level of involvement and interest in local community, size of groups visiting, the nature of the visits, the length of stay, and length of void periods

Short Term Lets differ extensively from ordinary homes, so they no longer belong in the ‘C3 dwellinghouse class’ and should have a class of their own.  This will enable local authorities to take control over the increasing number of STLs by using powers to refuse conversions.

Short Term Lets can take over neighbourhoods and impact lives because they are so materially different from ordinary homes. Local residents should be given the right to oppose or support such changes that take place in their communities.  A new use class would allow this democratic right.

Q.3 Do you agree with the description and definition of a short term let for the purpose of the new use class?

“Use of a dwellinghouse that is not a sole or main residence for temporary sleeping accommodation for the purpose of holiday, leisure, recreation, business or other travel.”

Yes.

It makes the clear distinction between a main residence and a short term let. In doing so, it allows people to let out rooms in their own homes while in residence without having to apply for planning permission.

At the same time, it will help to prevent whole homes from being converted into STLs as part of commercial ventures, which is the type of short-term letting that is impacting housing supply and negatively impacting the quality of life for neighbours.

It doesn’t define a short term let according to the number of days it is let. We agree with this approach. For example, in Manchester, we see short term lets for large groups that can bring in a higher income in as little as 30 days, than if let to permanent residents for 365 days. 

As a further example, London's 90-day letting limit has not protected housing supply in London. Therefore, we agree with the proposed approach.

Q.4 Do you have any comments about how the new C5 short term let use class will operate?

Yes.

It is essential that evidence of planning permission (or certificates of lawful use) are required for registration. The burden of proof of legality should be applied to short let platforms, so that councils are not left to enforce against illegal short lets after the fact.

Consideration must also be given to how to treat existing short lets - if planning law will authorise those already in use as a default, this must nonetheless be linked to registration schemes and proof of legal use, or it will become a loophole.

A compulsory registration and licensing scheme will is required in parallel with the new Use Class to offer local authority’s practical regulatory control and up-to-date information. This will also require a duty for platforms to share data on homes let on their platforms and the owners of those homes with local council officers.

Under current proposals the 90-day limit in London is to continue. We disagree with this.  It has failed to protect housing for long-term residents. Allowing the new planning class definition to apply to London could protect housing more effectively. We urge Government to reconsider this. Local politicians in London have also criticised the 90 day rule and its failure to protect housing from loss to the short term let market.

Q.5 Do you consider there should be specific arrangements for certain accommodation as a result of the short term let use class?

Paragraph 26 refers to student accommodation where it sits in C3.  We argue that student houses should not be allowed to switch to short term letting over the summer holidays to protect the amenity of local residents and maintain flexibility of accommodation options for students.

6 Do you agree that there should be a new permitted development right for the change of use from a C3 dwellinghouse to a C5 short term let (a)

No.

Whilst we welcome the principle of giving councils local powers to control short term lets where they deem it necessary, the mechanism for removing permitted development rights does not do enough to protect affected communities. 

The switch from C3 to C5 should not be a permitted development right and planning permission should be sought for each case and be determined according to the Local Plan.

The approach of waiting for damage to be evidenced before local authorities can implement an Article 4 Direction to limit the Permitted Development Right, neither protects, nor restores, housing and communities. 

For this reason, the switch from C3 to C5 should not be a permitted development right and planning permission should be sought for each case and be determined according the Local Plan, i.e. according to the aspirations of the local community, rather than in response to irreversible damage to that community.

Q.7 Do you agree that there should be a new permitted development right for the change of use from a C5 short term let to a C3 dwellinghouse

Yes. 

This will facilitate short term lets to return to housing for long term residents which will help move towards more sustainable housing for the local community.  Such a conversion should be as simple as possible.

Q.8 Do you agree that the permitted development rights should not be subject to any limitations or conditions?

No.

There should be limitations and conditions which reflect the reality of residential life alongside STLs.  Specifically, local authorities need to have more control over the impact of changes of use on the local community and be able to set such conditions.  Permitted development rights, and GPDO such as extensions and dormer conversions that increase the numbers of guests that can stay ultimately lead to a rise in large groups visiting and should not apply to C5 short term lets.

Examples of further conditions which could help ameliorate the negative impact on communities, based on complaints of adjoining neighbours of STLs collected by tenant unions and local campaigns include:

a) Cap on numbers of guests: reasons: to protect the amenity of the neighbourhood

b) Time limit on how long it can be in use as an STL. Reason: to prevent permanent loss of housing

c) Requirement for sound proofing: reasons: widespread complaints of late-night activities including arrivals and parties most weekends in a manner that is way beyond that of an ordinary family home and which disturbs the sleep and negatively impacts the mental health of those next door

d) No hot tubs, or swimming pools or related facilities outside, to prevent noise disturbance on wider neighbourhood

e) Set range of hours for commercial waste contractors to minimise noise disturbance to neighbours and prevent noise disturbance at unsociable hours.

f) Owner must demonstrate where waste will be securely stored and accessed by contractors and this should be approved by the council. Reason: short term lets can produce far greater volume of waste than ordinary homes.

g) All fire doors to have softeners: reason: widespread complaints of late-night activities in adjoining houses resonating and shaking next door properties

Q.9 Do you agree that the local planning authority should be notified when either of the two permitted development rights for change of use to a short term let (a) or from a short term let (b) are used?

Yes.

Noting we agree with (b) and not with (a) being a permitted development right. This will help prevent permanent homes from flipping back to short term lets without being noticed.  Clear data is needed for registration, tax and planning purposes and the owner should provide that to lessen the burden for local authorities.

Q.10 Do you have any comments about other potential planning approaches?

A problem of using an Article 4 Direction to remove the permitted development right to switch from  C3 to C5 is that there must be robust evidence that it is required. That evidence would be of the damage done: the impact on housing supply and the disruption to neighbour’s lives. Houses with established use as short-term lets cannot be required to go back to C3 use once an Article 4 Direction is implemented.

So while this method could stop the problem from getting worse, it doesn’t deal with the damage already done.

The approach of waiting for damage to be evidenced before measures can be taken neither protects, nor restores, housing and communities.  For this reason, the switch from C3 to C5 should not be a permitted development right.

Q.11 Do you agree that we should expressly provide a flexibility for homeowners to let out their homes (C3 dwellinghouses)?

Yes, as long as there is a robust registration system so that this is only for a limited number of nights a year and does not get abused. This is so that homes are not lost to primary residential use. Licensing and registration can help mitigate this issue and data-sharing responsibilities should be applied to platforms to allow local authorities to monitor impacts of any increased short letting.

Q.12 If so, should this flexibility be for

i. 30 nights in a calendar year; or

ii. 60 nights in a calendar year; or

iii. 90 nights in a calendar year?

i. 30 nights a year.

30 nights in a calendar year will reduce risk of nuisance to neighbours.

Q.13 Should this flexibility be provided through:

i) A permitted development right for use of a C3 dwellinghouse as temporary sleeping accommodation for up to a defined number of nights in a calendar year

ii) An amendment to the C3 dwellinghouse use class to allow them to be let for up to a defined number of nights in a calendar year.

i) a permitted development right, to allow councils the powers to implement an Article 4 Direction if they want to remove that right.

Q.14 Do you agree that a planning application fee equivalent to each new dwellinghouse should apply to applications for each new build short term let?

YES

– unless a higher commercial property application fee is proposed, or the proposed unit is not comparable to a dwelling house and other commercial criteria can be applied in line with local plan proposals for dedicated commercial visitor accommodation.

Q.15 Do you agree with the proposed approach to the permitted development rights for dwellinghouses (Part 1) and minor operations (Part 2)?

Part 1) No.  Short term lets are incomparable in terms of use and impact to ordinary homes and should not be allowed to extend unless it is in line with the Local Plan.

Local authorities need to have more control over the impact of the change of use on the local community.  Permitted development rights, and GPDO such as extensions and dormer conversions that increase the numbers of guests that can stay and ultimately lead to a rise in large groups visiting, should not apply to C5 short term lets.

Part 2) we have no objections to minor alterations

Q.16 Do you have any further comments you wish to make on the proposed planning changes in this consultation document?

Important to recognise that these will not solve problems associated with already existing high levels of STLs and robust local controls through registration and licensing must accompany this welcome new measure.

Q.17 Do you think that the proposed introduction of the planning changes in respect of a short term let use class and permitted development rights could give rise to any impacts on people who share a protected characteristic? (Age; Disability; Gender Reassignment; Pregnancy and Maternity; Race; Religion or Belief; Sex; and Sexual Orientation).

YES - With specific respect to a permitted development right that allowed uncontrolled growth of STLs (which we oppose), then in particular areas where communities with protected characteristics were concentrated this could displace or disperse those communities and have a negative impact. 

Q.18 Do you think that the proposed introduction of the planning changes in respect of a short term let use class and permitted development rights could impact on:

1. a) businesses
   b) local planning authorities
   c) communities?

We reiterate our concerns about the permitted development rights here as set out in our response to Question 6.  Overall however, we believe that the change in short term let use class will bring the following impacts:

a) Businesses:

i) This will bring short term lets on a par with other tourist accommodation providers such as hotels, and Bed & Breakfasts creating a fairer system, and help to protect jobs within the traditional hospitality industry.

ii) The proposals will give local authorities the powers to protect housing supply for locals who live in their homes. This will allow local authorities to get the balance of supporting the seasonal economy that short term lets can bring, but preventing long periods where houses are empty. 

iii) The proposals will give local authorities the powers to protect housing supply. This will ensure that local workers have places to live.  This will support the businesses who need the workers and avoid the loss of particular classes of housing from local stock, which can negatively impact affordability for local people (eg loss of smaller homes in coastal or rural communities).

b) Local Planning Authorities (LPAs):

This will create more workload due to the rise in planning applications. Which can can be addressed through a planning fees regime. However, currently the unfettered growth in short term lets is damaging communities and putting strains on other local authority services, due to disruption and lack of housing.  We urge the government to ensure adequate resources to allow LPAs to fulfil their function, in dealing with the impact of short term lets on housing supply and the amenity of communities.

The impact on LPAs will be reduced if the requirement for evidence of planning permission (or lawful use) must be shown in order to register a short term let.  Owners will be compelled to come forward to apply for permission.  This is less burdensome on LPAs than taking lengthy enforcement action against breaches that have occurred.

c) Communities:

The proposals will empower local communities to have a say in matters that affect where they live. Currently the power is effectively in the collective hands of short term lets owners and this allows communities to be damaged or effectively wiped out.

The proposals, if coupled with powers to control homes already used as short-term lets, will allow local authorities to prevent the loss of housing to short term lets.  Protecting housing for locals will support strong, healthy, vibrant communities, ensure ongoing use of facilities such as schools, libraries, community centres, and allow people to live near to their place of work.

The proposals will enable the desirability and sustainability of neighbourhoods to be maintained for long-term residents and planned provision for developing or existing visitor economies where this is locally supported and in line with local plans.

[END OF GUIDANCE ON Planning Use Class Change for Short Lets Consultation]

The second Government Consultation is on a Registration Scheme

Consultation on Registration System   DEADLINE 7^th June 2023

Link in full:

https://www.gov.uk/government/consultations/consultation-on-a-registration-scheme-for-short-term-lets-in-england/consultation-on-a-registration-scheme-for-short-term-lets-in-england#consultation-on-the-registration-scheme

The consultation is on who should administer the scheme, the level of compulsion and whether or not councils can opt in/out.

We believe that it should be a compulsory system and that councils should have access to data sharing from platforms to validate whether a home rented in their area has been legally registered.

We have worked on a response with the Centre for Public Data among others.

The Centre for Public Data have written a good short blog outlining the main issues.

You can read their quick Guide to responding to the consultation on a Short Lets Register here

 - please submit a response by 7th June 2023