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2 story, 2 bedroom (4 guests), Terrace house in residential street.
[Edit ignore this sentence - As applies to the rest of the U.K.]
In Northern Ireland houses that are to be used solely for self catering accommodation (no live in host) are required to apply for planning permission for change of use to Commercial - Self Catering. I believe some properties in other parts of the UK are required to apply for change of use planning permission.
A side note. These properties also must registered with Tourism NI, and be inspected.
Most hosts do neither of the above though authorities are starting enforcement.
In NI understand that the local Environmental Health officers are asked to give their input on the application.
Environmental Health are often involved in noise complaints (from any type of building).
Does anyone who has experience with applying for planning permission know if Environmental Health input input can cause a planning refusal for âpotential noiseâ in our type of property?
At this stage I am not enquiring about future actual noise, which we hope to minimise by the type of guests we appeal to and the rules we set.
EDIT 2
I think I have found the relevant answer after speaking to Environmental Health. It appears there are no specific ânoiseâ regulations for self catering accommodation at the planning stage and they will only be passing on recommendations about how to minimise noise to the Planning dept.
Enforcement is the same as for other properties.
I am not an expert, so make your own enquiries if the above effects you.
No not all homes in the UK need planning permission to operate as an Airbnb.
Sorry I donât really understand your question. If you donât have an Airbnb how can there be any noise complaints about it? If you look at your local councilâs website it will tell you how planning regulations work in your area. Why do you feel planning regulations would take into account something that could happen,
I would fully agree with @Helsi that not all homes would need planning permission to operate as an Airbnb. In fact, I would suggest most do not. To need planning permission, development would have to take place - there would need to be a âmaterial change of useâ of the house to a use that was not a house. In the vast majority of cases using a house as a holiday home / short term rental would not be a change of use - it is still a house, just occupied by different people.
I would caveat the above that, in some jurisdictions in the UK, there have been planning appeals and case law which have determined a material change of use has occured. Each instance has to be judged on its own though and the most, in Scotland at least, have been flats (which in planning terms are not classes as âdwellinghousesâ).
Hi @Jamjsco I would say Northern Ireland is probably an exception to how planning regs works on the mainland.
I believe their regulations are more stringent then on the mainland for businesses which operate guest houses/hotels/STRs and they do need planning permission/to pay business rates etc.
If I understand correctly, you are seeking a view on a hypothetical case of Environmental Health being consulted on a planning application. Yes, I imagine they could be consulted. They could raise concerns about the use of a property and the impact it might have on the amenity of neighbours, such as noise (inside or outside the property). If the house is still being used like a ânormalâ house would be I cannot see any great concern. It would be down to the management of the property (such as house rules and having consideration for neighbours) that could be used for prevention. You could also volunteer to restrict use outside after specific hours to limit any real or perceived impact.
I believe they all require to be registered in NI? I didnât think that equates to development having taken place and planning permission being required though.
That could be the case. In Scotland, a new planning bill is currently being considered. Thereâs a proposed amendment to include the use of a house as explicitly being development and thus changes need permission. Like NI, some are advocating a licensing system instead.
Yes and the regs will be for houses and flats without a live in host, to help with the housing crisis.
Most B&Bs of any kind in the UK have live in hosts. Holiday lets have always been a different ball game hence higher stamp duty now, council tax etc.
A B&B, even with a live in host, will require planning permission when triggers are met. Again, in Scotland, you can use up to 1 bedroom in a house of less than 4 bedrooms in total or 2 bedrooms where there are 4 or more bedrooms without needing permission. Beyond this it is a change of use and permission is required.
To clarify this area, local authorities have developed a range of measures to determine whether a material change of use has occurred and planning consent is required. (Visit Britain)
In the grey area of live in hosts, local authorities vary all over the UK as to whether any planning permission is required. For some itâs a proportion of bedrooms or the house used for B&B, for others itâs the number of bed spaces e.g. 6. Perhaps the more touristy areas are more regulated. Also housing shortage will be a factor.
I explained in my post above what the triggers are for when a material change of use occurs (the number of bedrooms). As advised, these are specific to Scotland and are set out in the Planning Use Class Order. There is no discretion in this regard, itâs a matter of law.
Other areas of the UK have similar planning legislation. There may also be other provisions in housing or licensing legislation that would apply, seperate to planning. These can mean that authorities would interpret a material change of use has occured.
There is some confusion about these types of uses generally and some councils will want to have control. This can create differences in practice.
The quote from visit Britain shows how planning requirements vary according to local authority in England (where most UK citizens reside), rather than national legislation.
I donât think the Visit Britain quote is particularly helpful. Measures can be used to establish whether a use occured, ultimately itâs a matter of fact and degree for each case. Itâs a judgement by professionals, unless a court determines. Authorities do not have their own laws. They apply their own planning policies to judge applications where an application is submitted, again a matter of professional judgement.
The English use class order seems clear that short term rentals are either use class C3 or Sui generis (their own class). The difference between cases will mean material changes of use will occur.
Itâs not as vague in Scotland, right now at least.
Itâs not useful to worry small scale hosts, a huge proportion, about needing planning permission, because in most cases theyâre a million miles away from needing it.
Whoâs trying to worry anyone? Personally, I was responding to the question raised by @Colink about where planning permission might be required and what the considerations are for these applications for amenity matters. I gave my advice on the subject accordingly. I donât have intimate knowledge of Northern Ireland but can give general planning opinion.
I can also be very specific in respect of Scotland as I am most familiar with planning legislation there.