planning permission to let

[Arborbridge]

I read a throw away line in the Times yesterday mentioning a proposal (or actual plan?) to force landlords to apply for planning permission before letting a property.

Does anyone here know more about this?

It sounds like a barking mad idea that we might have expected from Corbyn, but the Tories are acting weirdly towards landlords too. Depending on the devil in the details, I can imagine in practice this would result in chaos in the renting market, and possibly the housing market too.

Arb.

[mc2fool]

I believe what you may be referring to is Gove's "cherished towns" proposal, aimed at buy-to-rent second home owners buying up and letting out properties short term in holiday towns. https://www.google.com/search?q=michael+gove+cherished+towns kicks up a lot of articles.

It's all linked to a new consultation on the matter, so you can have your say, if you want. (FWIW).

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

There are already such rules in some places for some kinds of letting. E.g. "You need planning permission if your property is in London and you allow it to be used for short term letting for periods that add up to more than 90 nights during any calendar year."
https://www.london.gov.uk/programmes-strategies/housing-and-land/improving-private-rented-sector/short-term-and-holiday-lets-london

[88V8]

I read a throw away line in the Times yesterday mentioning a proposal (or actual plan?) to force landlords to apply for planning permission before letting a property.

As I heard it, the aim is to stop people AirB&Bing, the argument being that some areas are hollowed out by renting and second homes. The Council would be able to set a limit on the percentage of houses used for short-term let.

I am broadly sympathetic to the idea, but it does slightly play to the Bash Landlords schtick.

V8

[Mike4]

I believe what you may be referring to is Gove's "cherished towns" proposal, aimed at buy-to-rent second home owners buying up and letting out properties short term in holiday towns. https://www.google.com/search?q=michael+gove+cherished+towns kicks up a lot of articles.

It's all linked to a new consultation on the matter, so you can have your say, if you want. (FWIW).

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

There are already such rules in some places for some kinds of letting. E.g. "You need planning permission if your property is in London and you allow it to be used for short term letting for periods that add up to more than 90 nights during any calendar year."
https://www.london.gov.uk/programmes-strategies/housing-and-land/improving-private-rented-sector/short-term-and-holiday-lets-london

Yes but... who here expects there to be any meaningful enforcement?

Without it, only the rule-following, compliant landlords will take any notice while the ignorant and/or 'rules are for the little people' types of landlord will carry on as currently.

[modellingman]

I believe what you may be referring to is Gove's "cherished towns" proposal, aimed at buy-to-rent second home owners buying up and letting out properties short term in holiday towns. https://www.google.com/search?q=michael+gove+cherished+towns kicks up a lot of articles.

It's all linked to a new consultation on the matter, so you can have your say, if you want. (FWIW).

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

There are already such rules in some places for some kinds of letting. E.g. "You need planning permission if your property is in London and you allow it to be used for short term letting for periods that add up to more than 90 nights during any calendar year."
https://www.london.gov.uk/programmes-strategies/housing-and-land/improving-private-rented-sector/short-term-and-holiday-lets-london

Yes but... who here expects there to be any meaningful enforcement?

Without it, only the rule-following, compliant landlords will take any notice while the ignorant and/or 'rules are for the little people' types of landlord will carry on as currently.

The broad thrust of the proposals is the introduction of a new use class, C5, for short term lets and that there will be a permitted development right (meaning no planning permission required) to change to/from use class C3 (normal dwelling). This is similar to what happened when use class C4 (smaller HMO) was introduced at the tail-end of the last Labour administration. Only where a local authority perceives that there are issues, and after consultation, can it apply to the Secretary of State for an Article 4 direction which, once granted, removes a specific permitted development right in a specific geographical area and instead requires planning permission to be granted for a change of use to take place.

In the case of C4, university towns and cities (including Durham where I operate) have successfully applied for Article 4 directions to prevent even larger swathes of housing being converted to student lets by removing the C3 to C4 permitted development right. Generally there will be planning policies in place (through local plans) which will guide the planning permission decisions. In Durham's case permission to convert from C3 to C4 will normally be refused if "more than 10% of the total number of residential units within 100 metres of the application site are exempt from council tax charges (Class N Student Exemption)" (see Policy 16, part 3 on p108 of the County Durham Plan).

The intent of the government's proposals is to provide similar tools to local authorities for controlling changes from C3 to C5.

When AirBnB and its imitators started out the underlying idea was a hippy-ish one of occasional letting out of a room for short stays. It has clearly come a long way since then with, in some places, housing being diverted wholesale into the tourist sector as this 3 year old article from the Grauniad notes (other newspapers and articles are available).

I do expect that there will be reasonable enforcement once Article 4 directions are granted. Local authorities have to jump through quite a few hoops to get an Article 4 direction approved. If there is evidence that there has been a de-facto change of use of a property without planning permission being obtained (and I would expect that evidence to be pushed through routes like local Councillors, noise complaints, etc) then planning officers will normally take action as would be expected in any other case - unauthorised conversion of an estate agent's office to a fish and chip shop, for example.

The real stumbling block though will be the government's ability to get anything coherent and meaningful onto the statute book. It is was at the tail end of Theresa May's administration (remember her?) when proposals were first floated by government for abolishing section 21 (no-fault) evictions. Still not done.

modellingman

[Arborbridge]

I read a throw away line in the Times yesterday mentioning a proposal (or actual plan?) to force landlords to apply for planning permission before letting a property.

As I heard it, the aim is to stop people AirB&Bing, the argument being that some areas are hollowed out by renting and second homes. The Council would be able to set a limit on the percentage of houses used for short-term let.

I am broadly sympathetic to the idea, but it does slightly play to the Bash Landlords schtick.

V8

Broadly sympathetic as air BnB and holiday lets are a scourge in some places. I just hope this will not be the thin end of the wedge to put the screw on existing "normal" landlords who also have second properties and have done for decades before the AirBnB menace arrived. Hard cases make bad law.

Arb.

[CliffEdge]

I'm surprised anyone wants to be a landlord these days. I thought about it, to do my bit, after all some people need somewhere to rent, but it all seems to be a load of aggro now, and you get no gratitude for the effort.

[Arborbridge]

I'm surprised anyone wants to be a landlord these days. I thought about it, to do my bit, after all some people need somewhere to rent, but it all seems to be a load of aggro now, and you get no gratitude for the effort.

Actually, I don't want to be a landlord, but owing to various circumstances, it isn't as easy as selling shares. These are people's homes and to sell up and risk them losing a home before they are ready isn't something I would do willingly.


Arb.