tag:blogger.com,1999:blog-8170718846507476773.post2129504581973478481..comments2022-12-13T14:45:12.233+00:00Comments on Martin Goodall's Planning Law Blog: Holiday lets revisitedMartin H Goodallhttp://www.blogger.com/profile/07079479984296674469noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8170718846507476773.post-82404008898334378712020-11-20T13:01:50.986+00:002020-11-20T13:01:50.986+00:00Hi Jane. The decions in appeals reference APP/K04...Hi Jane. The decions in appeals reference APP/K0425/A/13/2208726 and APP/K0425/A/13/2210518 (Abbeyfield Society, 193-197 West Wycombe Road, High Wycombe, Buckinghamshire, HP12 3AW) whether the proposed development should be considered as falling within Class C1 (hotels) or Class C3 (dwelling houses) of the Town and Country Planning Use Classes Order 2007 (as amended). The proposed development was the erection of new building comprising 24 or 32 serviced apartments. The Inspector the found that the proposed apartments fell within Class C1. Michael Hydehttps://www.blogger.com/profile/16600838449826127776noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-35298772027048257892020-11-20T12:49:35.774+00:002020-11-20T12:49:35.774+00:00As paragraph 59 of Circular 03/2005 confirmed, Use...As paragraph 59 of Circular 03/2005 confirmed, Use Class C1 (including not only hotels, but also motels, bed and breakfast premises, boarding and guest houses) applies to premises which provide a room as temporary accommodation on a commercial, fee-paying basis, where meals can be provided but where residential care is not provided. In addition, paragraph 59 pointed out that short-term self-contained accommodation (i.e. purchased at a nightly rate with no deposit against damage being required), sometimes called ‘Apart-Hotels’, will also fall into Use Class C1.<br /><br />So that Circular should be drawn to the attention of the planning officer. The fact that the Circular has been withdrawn (in common with all other Circulars) does not detract from the continuing validity of what was stated there.<br />Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-39823295802512204122020-11-19T16:27:40.964+00:002020-11-19T16:27:40.964+00:00I’m looking at this issue from a different angle i...I’m looking at this issue from a different angle involving the conversion of a hotel to an “apart-hotel” for holiday use in a prime holiday coastal area. As I see it the nature of the use will remain the same with persons who do not necessarily normally live together staying in the accommodation for 1,2 or more days whilst on holiday. The accommodation will be serviced and will contain a central reception and a communal lounge area. The accommodation will include some self catering kitchen equipment. <br /><br />The Council planner is arguing that this amounts to a change from Class C1 hotel to Sui generis based upon an enforcement appeal from residential to/from holiday flats - which I see as a totally different scenario.<br /><br />In my view there is no material change in the nature of the use or the activity associated with the apart-hotel use compared to the hotel use. Any comments? Janehttps://www.blogger.com/profile/14797764511164075409noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-17493019540940313802019-04-27T14:28:33.197+01:002019-04-27T14:28:33.197+01:00Martin. Surely all this demonstrates is that it w...Martin. Surely all this demonstrates is that it will always be a fact and degree decison made on a case by case basis? Even creating a new use class will not solve the 'problem' because permission will still only ever be required when the change of use is MATERIAL. In Scotland there is a proposal going through the Planning Bill to amend Section 26 of the 1997 Planning Act (meaning of “development”) to insert "the use of a dwellinghouse for the purpose of providing short-term<br />holiday lets involves a material change in the use of the building". Whlist I don't necessarily agree with this, it would be the only way to make it black and white. I admit to have a vested interest in this issue. I have a CLOPUD application in at the moment. I am arguing that the use of a flat by not more than 6 persons, living together as a family, for a minimum of 7 days/nights, would NOT be a material change of use. I await the outcome with baited breath!Michael Hydehttps://www.blogger.com/profile/16600838449826127776noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-45052911170548135642019-04-26T15:21:01.134+01:002019-04-26T15:21:01.134+01:00in my opinion it just points out that the use-clas...in my opinion it just points out that the use-classes order itself requires an up-date, as many other bits of the planning system... as C3 is quite clearly indicating either "use by a single person or a family" or living together as a single household... so not really including a holiday accommodation element, while C1 does not cover self catered holiday accommodation.<br /><br />C1 Hotels – Use as a Hotel, boarding house or guesthouse, where no significant element of care is providedAnonymoushttps://www.blogger.com/profile/08357241358935085693noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-22719024182638531842019-04-26T10:52:47.143+01:002019-04-26T10:52:47.143+01:00I think this may be the implication. The ramifica...I think this may be the implication. The ramifications could be quite significant. We shall just have to see whether LPAs latch onto this, and with what results in terms of appeal decisions. I suspect this issue may sooner or later end up being considered by the High Court. Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-69581687182941966672019-04-26T09:10:32.359+01:002019-04-26T09:10:32.359+01:00As the German soldier in Rowan and martin's la...As the German soldier in Rowan and martin's laugh in would say 'Veeeeery Interestink'. Does this apply to all Airbnb lets? Or all self catering lets which are according to the VOA subject to business rates? If it isn't being used as a family home it may not be C3.Evan Owen - Snowdoniahttps://www.blogger.com/profile/12228099681098123960noreply@blogger.com