1. Introduction
1.1 Overview
1.1.1 This Supplementary Planning Guidance (SPG) provides additional advice and guidance specific to Short-term Lets (STLs) in Belfast. It is intended for use by developers, the public and by planning officers in the assessment and delivery of planning proposals for STL developments within Belfast, whether new-build or for the change of use of existing buildings or dwellings.
1.1.2 SPG represents non-statutory planning guidance that supports, clarifies and/or illustrates by example policies included within the current planning policy framework, including development plans and regional planning guidance. The information set out in this SPG is therefore a material planning consideration in determining planning applications and should be read in conjunction with the existing planning policy framework, most notably the Strategic Planning Policy Statement (SPPS) for Northern Ireland and the Belfast Local Development Plan (LDP).
1.1.3 STLs make an important contribution to the tourism economy in Belfast, offering more accommodation choice for visitors to the city. They can also provide short-term accommodation in a range of circumstances beyond tourism, such as accommodation for temporary workers or for other short-term residential needs. However, the popularity of STLs and their rise in number in some areas of the city also raises issues in relation to availability of affordable homes to buy or rent for residents and can lead to difficulties maintaining sustainable and balanced communities more generally.
1.1.4 This guidance highlights the key planning considerations that can arise in relation to planning applications for STLs and provides advice on Council’s approach to relevant planning policy. This SPG is therefore important in creating clarity and transparency for landowners, developers and agents and will form a critical accompaniment to the LDP Plan Strategy.
1.2 What is a Short-term Let?
Short-term Let (STL) accommodation is defined within the LDP Plan Strategy as:
“Accommodation where a property is rented to the same person(s) for not longer than 90 consecutive nights.”
This can take many forms, including, for example:
- Apart-hotels: A type of hotel providing self-catering apartments for rent, as well as other normal hotel facilities;
- Serviced apartments: Fully furnished apartments available for short-term or long-term stay, providing hotel-like amenities such as room service, fitness suites, laundry room and recreation room;
- Self-catering apartments: Furnished accommodation for visitors who are provided with the means to prepare and cook their own meals; and
- Short-term holiday lets: Multiple short-term residential tenancies (of 1-90 days), where utilities, television and internet are included in the rent.
1.2.3 It is important to note that this broad definition is distinct from other forms of overnight visitor accommodation, such as hotels, guesthouses, bed and breakfasts and youth hostels, which are recognised as different and distinct uses from a planning perspective. The definition also recognises that STL accommodation may include stays of several weeks or months (up to 90 consecutive nights) and may include visitors to the city for a whole range of purposes, for example those visiting for business purposes, with family connections or as tourists.
1.2.4 Where the definition refers to a ‘property’ this means an individual dwelling, whether that be an apartment or a house, rather than a whole apartment complex or building. However, the degree to which a traditional dwelling could be let on a short-term basis before it becomes a STL is a matter of fact and degree (see section 1.3 below).
1.2.5 Therefore, the renting out of a single room on a STL basis in what would otherwise be a permanent dwelling house or apartment, or the renting out of a whole house on a temporary basis as a STL may not therefore make it a STL. Nevertheless, the LDP as a whole is concerned with the supply of conventional housing and the high-level aim to grow the population of Belfast. As more and more properties are being offered for STL, assisted by the rise in on-line hosting sites and the potentially lucrative returns available to property owners, we have taken a proactive stance to manage the supply of this type of accommodation.
1.3 When is planning permission required for STLs?
1.3.1 Under the Planning Act (Northern Ireland) 2011Footnote one, planning permission is required for the ‘development’ of land. The definition of ‘development’ includes both “the carrying out of building” as well as “the making of any material change in the use of any buildings or other land”. The term ‘material change of use’ is not defined in the 2011 Act.
1.3.2 To help determine whether a material change of use has taken place, the Planning (Use Classes) Order (Northern Ireland) 2015Footnote two groups together uses, which are sufficiently similar, into ‘classes’. A change from any use in a Use Class to any other use within the same Use Class does not involve development. For example, a residential house is in Class C1 (dwellinghouse) and planning permission is not normally needed to change its tenure, such as from owner occupation to letting it out through a private residential tenancy to another household. However, using that same house as a bed and breakfast would be required planning permission as that use falls within Class C2 (Guest houses).
1.3.3 There are some uses that do not fall within any Use Class. These are known as ‘sui generis’, meaning in a class of their own. Normally, a change of use between classes and sui generis uses or from one sui generis use to another would usually represent a ‘material change of use’ and so would require planning permission. For example, a hotel is a ‘sui generis’ use so planning permission would be needed to convert an existing building into a hotel. However, whether a change of use is considered ‘material’ is a matter of fact and degree to be determined on the individual merits of each case by the planning decision maker.
1.3.4 A STL does not fall within any of the specified use classes and are therefore considered ‘sui generis’. Therefore, while building a new STL always requires planning permission, whether the change of use from a house or apartment to STL is a material change use is a matter of judgement to be determined on a case by case basis, even if there are no physical alterations to a building. There is no assumption that the use of a dwellinghouse as STL will always amount to a material change of use or that STL can never amount to a material change of use.
1.3.5 There is a large body of case law that deals with the interpretation of ‘material change of use’ and guidance from the Department for InfrastructureFootnote three suggests that there are two main tests for the materiality of a change of use that have emerged through the courts:
- Character - change in the character of the use itself including the land where it is located;
- Effect - the effects of the change upon neighbouring uses and the locality.
1.3.6 The guidance continues that if both are material there is very little doubt that, as a matter of fact and degree, a material change of use has occurred. However, it acknowledges that many decisions may rely solely on only one of these two grounds. It suggests that an assessment should be made on a case-by-case basis when considering whether a change of use is material taking into account factors such as the primary and ancillary use/uses, planning history, whether a change relates to the whole unit or part of a unit and whether or not there has been an intensification of use.
1.3.7 One of the leading judgments in determining the material change of use comes from the court case of Moore v Secretary of State for Communities and Local Government [2013]Footnote four. That case relates to the change of use of an eight bedroom family house to be occupied by large groups of up to 18 people for short periods of time by way of commercial holiday lettings. The court reaffirmed the decision maker’s reasoning that there are a number of distinct differences between the use as a holiday letting and use of the property as a family dwellinghouse and that a material change of use had taken place. Importantly, the key differences in that particular case included the pattern of arrivals and departures, associated traffic movements, the unlikelihood of occupation by family or household groups, the numbers of people likely in visiting groups, the likely frequency of party type activities, and the potential lack of consideration for neighbours.
1.3.8 Given this context, in the case of STLs a number of distinct factors have been identified to be considered when determining whether or not a material change of use has occurred. While not an exhaustive list, these include:
- The nature and scope of any physical alterations required to the property
- The number and proportion of rooms allocated to short-term letting and whether the primary use of the property is STL or permanent residential occupation
- Whether or not the property is the main residence of the property owner or whether or not there is permanent occupation at the same time as parts of the property are let to visitors
- The duration of time rooms or the property is used for STL
- The pattern of arrivals and departures
- Associated traffic movements
- The likelihood of occupation by family or household groups
- The number of people constituting the visiting groups and likely frequency of visits
- The likely frequency of ‘party-type’ activities
- The potential lack of consideration for neighbours
- The frequency of servicing, in terms of commercial cleaners and inspection regimes
- If it is run as part of a business or leased to a company for the purposes of rental accommodation
- The number of days that the property operates as a STL in a calendar year, or
- Any limitations on the minimum number of days a visitor can stay.
1.3.9 We advise property owners to take their own legal advice as to whether planning permission will be required. However, the Council can be asked for a legally binding decision as to whether planning permission is needed, by submitting an application for a Certificate of Lawful Use (Proposed Development).
1.4 Tourism Accommodation Certification
1.4.1 Under the Tourism (Northern Ireland) Order 1992, all tourist accommodation providers in Northern Ireland – ie anyone offering overnight sleeping accommodation to tourists for a fee – must receive Certification from Tourism NI before they are allowed to begin operating. This is separate to the planning process and seeks to ensure minimum standards are met and is applicable irrespective of whether or not planning permission is needed. There are currently eight recognised accommodation categories that require Certification, with STLs falling within the self-catering accommodation category.
1.4.2 Tourism NI Certification involves a visit to the property from a member of Tourism NI’s certification team, who will inspect the property to ensure it meets certification requirements. Inspections are undertaken every four years and a certificate issued by Tourism NI, following this inspection, is also valid for four years. Further details in relation to Certification of Tourist Accommodation can be obtained from Tourism NIFootnote five.
Footnotes
Footnote one: Available from: https://www.legislation.gov.uk/nia/2011/25/contents
Footnote two: Available from: https://www.legislation.gov.uk/nisr/2015/40/made
Footnote three: For more information in relation to a Material Change of Use, see Section 6 of Development Management Practice Note 3: Meaning of Development and the Requirement for Planning Permission. Available from: https://www.infrastructure-ni.gov.uk/sites/default/files/publications/infrastructure/dmpn-3-meaning-of-development-v1-may-2016_0.pdf
Footnote four: Available from: https://caselaw.nationalarchives.gov.uk/ewca/civ/2012/1202?query=sheila+moore&from_date=2012-01-01&to_date=2013-12-31
Footnote five: See https://www.tourismni.com/business-guidance/sector/accommodation/accommodation-getting-started/what-do-you-need-to-consider/
