Draft Short-term let accommodation Supplementary Planning Guidance

3.1  Strengthens and diversifies the range of short-stay visitor accommodation

3.1.1  An adequate supply of short-stay visitor accommodation is required to encourage staying visitors to Belfast. It is important that STL accommodation contributes positively to the short-stay visitor offering throughout the city. Proposals for STL accommodation must not undermine or impact on the viability of existing visitor accommodation and should vary in type the product offering within the city.

3.1.2  To allow for a full assessment of whether or not proposed STL accommodation strengthens and diversifies the range of short-stay visitor accommodation within the city, it is necessary to consider the proposed offering in the context of existing forms of visitor accommodation ^{Footnote six}.  Applicants should, therefore, submit recent and projected:

• Statistics for existing forms of accommodation, providing information on existing and expected occupancy rates, rooms and beds sold in Belfast for hotels and small service accommodation ^{Footnote seven,} and
• Short-term rental accommodation performance data relating to Belfast.

3.1.3  To allow for consideration of longer-term trends, the information provided should include figures for a period of not less than 12 months prior to the application submission alongside projected figures for a period of not less than 12 months following the application submission. While not exhaustive, the following may serve as useful sources in helping to compile such information:

• Northern Ireland Statistics and Research Agency (NISRA) – publishes monthly and annual occupancy statistics for hotels and small service accommodation provides
• Tourism NI – publishes performance reports based on lighthouse short-term rental accommodation statistics relating to self-catering accommodation occupancy
• Lighthouse – online travel and hospitality data platform specialising in real-time short term rental accommodation data
• AirROI – online platform offering short-term rental analytics, and
• AirDNA – online platform that collects short-term rental data from public and proprietary sources.

3.1.4  The statistics provided should clearly identify the level of headroom in existing tourism accommodation via available, unoccupied capacity to accommodate staying visitors to help determine whether there is a need for any addition STL accommodation in the city. However, there is no single numerical point at which the short-stay visitor accommodation market in the city will be deemed to be saturated or at which further STL accommodation can no longer be considered to strengthen and diversify the range of accommodation offered.

3.1.5  Instead an assessment against this criterion will involve consideration of the nature of the specific STL accommodation proposed in each case, including its location and scale, as well as indicators relating to short-stay accommodation demand performance, such as number of beds offered, occupancy rates or pricing. For example, persistently declining occupancy rates in short-stay visitor accommodation, downward pressure on achievable nightly prices or declines in the number visitors to the city are likely to suggest that additional STL units may not strengthen the short-stay visitor accommodation offer in the city.

3.2   Accessible to public transport

3.2.1  The policy seeks to direct STLs to locations that are accessible by public transport. Proximity to bus routes and train halts and the frequency of service are therefore important material considerations. Creating Places suggests a maximum walking distance of 400 metres for a bus stop to be within easy reach of a dwelling (see paragraph 9.16), while people may walk up to 800 metres to get to a railway station. ^{Footnote eight}

3.2.2  To allow an assessment of proposals against this criterion, applicants should provide details of the walking distance and routes from proposed STL development to bus and/or train stops and details of public transport service frequency with reference to published timetables. All existing public transport routes and service information can be found on the Translink website (link opens in new window).

3.2.3  Information should also be provided regarding any barriers to direct and safe pedestrian routes to these bus/train stops, such as the provision of footpaths, formal crossing points in areas of high traffic, provision of dropped kerbs and of bus access kerbs. If any barriers to accessibility or a lack of provision of public transport are identified, then justification as to why must be given and/or what measures can be put in place to help mitigate this and ensure development meets this criterion.

3.3  Within existing tourism cluster or close to a visitor attraction

3.3.1  Fundamentally, Policy HOU13 aims to be restrictive in terms of managing the provision of STL accommodation across the city and, alongside Policy HOU3, seeks to protect the amenity of Existing Residential Areas (ERAs) and housing stock for permanent residential use. Within this context, criterion c. seeks to align future STL accommodation with major visitor attractions.

3.3.2  To achieve this, a stringent definition is applied for what constitutes a visitor attraction:

“A visitor attraction is a permanently established excursion destination provided for tourists”

3.3.3  Accordingly, to be considered a visitor attraction a venue must, firstly, be a permanently established amenity, facility or service.  Consequently, temporary or seasonal ‘attractions’ are excluded.  Locations used temporarily or on an occasional or infrequent basis to provide outdoor markets, events, concerts or festivals cannot therefore be considered visitor attractions.

3.3.4  Secondly, an attraction should be an excursion destination, open to the public, without prior booking, for published periods each year. Therefore, while a visitor centre may provide facilities for use by tourists, such as toilets or a coffee shop, it is unlikely to be an excursion destination in its own right.

3.3.5  Closely aligned to this, the destination should be capable of attracting day visitors or tourists as well as local residents. The primary purpose of a visitor attraction should be to allow access for entertainment, interest or education for tourists; rather than being primarily a retail outlet, bar, restaurant or a venue for sporting, theatrical or film performances. Therefore, shopping centres, sporting venues or any venues showing theatrical or musical performances are not classed as visitor attractions for the purposes of this policy . 

3.3.6  For the avoidance of doubt, all leisure/recreation facilities are not considered visitor attractions but are instead local amenities, in line with SPPS definitions. While a tourist may visit such facilities or services when they are in the city, they are provided primarily for local residents. Similarly, all public parks and areas of open space are discounted as visitor attractions for the purposes of this policy.

3.3.7  However, although parks as a whole are not considered visitor attractions for the purposes of Policy HOU13, a small number of specific attractions within public parks may be considered visitor attractions, such as McArt’s Fort, the viewpoint from Cave Hill’s peak, Belfast Castle within Cavehill Country Park or the Palm House, Tropical Ravine and the Ulster Museum within Botanic Gardens.

3.3.8  It is accepted that a small number of ‘excursion destinations’, although not provided primarily for tourists may be of intrinsic interest to tourists because, for example, of their cultural or historic significance. While tours of Stormont’s Parliament Building may be provided for example, its primary purpose cannot be considered tourism. However, it is clearly of such cultural, historical and architectural significance that it has become an excursion destination for tourists in its own right.

3.3.9  To help aid clarity, we have reviewed a range of potential visitor attractions across the city in the light of the above definition and have identified the following as visitor attractions:

• Belfast Zoo
• McArt’s Fort (Cave Hill peak)
• Belfast Castle
• Crumlin Road Gaol
• Titanic Belfast
• Titanic Distillers at Thompson Dock
• HMS Caroline
• SS Nomadic
• W5
• Belfast City Hall
• Parliament Buildings, Stormont
• Ulster Museum
• The Botanic Gardens Palm House, and
• Tropical Ravine at Botanic Gardens.

3.3.10  While not exhaustive, Appendix A provides a summary of the full range of amenities, facilities and services that are not considered visitor attractions according to the above definition, alongside the reason why they have been excluded. Of course, new visitor attractions may be developed in the District over time and, where appropriate, such facilities will be tested against the above definition to determine whether they should be considered visitor attractions for the purpose of Policy HOU13.

3.3.11  A tourism cluster will generally consist of a grouping of 3 or more visitor attractions adjacent to – ie immediately adjoining – each other. For example there is a cluster of visitor attractions within Botanic Gardens that incorporates the Palm House, Tropical Ravine and Ulster Museum.

3.3.12  In assessing whether or not the STL is sited in close proximity to a visitor attraction, paragraph 7.1.85 of the Plan Strategy defines close proximity as walking distance. The Chartered Institute of Highways and Transportation define walkable neighbourhoods as being “typically characterised as having a range of facilities within 10 minutes’ walking distance (around 800 metres)“ ^{Footnote nine}. 

3.3.13  We will therefore consider STL proposals within an 800m walk of one or more of the visitor attractions listed above, as illustrated in Figure 3.1, to meet this criterion. However, a location within walking distance of a visitor attraction does not dispense with the requirement to also be outside of a Housing Management Area (HMA) (see also Section 3.5 below).

3.3.14  To allow for an assessment of proposals against this criterion, applicants should provide details of which visitor attraction(s) are within close proximity (800m) of the STL proposal, including an indication of walking routes and times.  Consideration should be given to any constraints or barriers to direct and safe pedestrian movement between the STL and the attraction(s), such as the provision of footpaths and formal crossing points in areas of high traffic, and whether any measures are required to help mitigate any barriers identified.

3.4   Appropriate management

3.4.1  It is vital that the STL provision is well managed to provide a safe and positive environment for visitors and to reduce the risk of adverse impacts, particularly on the surrounding residential amenity. Planning applications for STL must be accompanied by a Management Plan addressing general management arrangements associated with the operation of the building. 

3.4.2  Management arrangements should specify the means of addressing potential disturbance to neighbours or anti-social behaviour associated with the operation of the STL, including measures to control things like party-types activities.  As a minimum, a Management Plan would be expected to include:

1. The name(s) and contact detail of an on-site or off-site supervisor responsible for the behaviour of guests and for liaison with local residents
2. Servicing arrangements, including housekeeping, cleaning, details of any deliveries required and provision for the storage and collection of waste and recycling
3. Arrangements for the management of noise and anti-social behaviour, including details of any soundproofing, noise control measures, a code of conduct to govern visitor behaviour and any penalties for misconduct
4. Limitations or controls for the use of outside areas
5. The control of noise breakout from within the building, including a Noise Management Plan if appropriate. This should include provisions for an annual review of arrangements and a record of any measures taken to address issues raised
6. Arrangements for access and egress to and from the property by guests, including arrangements for taxi and, where relevant, coach parking
7. Procedures for the recording of complaints and responding to those complaints
8. Arrangements for deliveries to and collections from the property, and
9. Any other matters that are reasonably required by the Council.

3.4.3  Operation of a STL in accordance with a Management Plan will be secured by way of planning condition to ensure that residential amenity is protected throughout the lifetime of the development.  Where a STL is not considered to have appropriate management arrangements in place, it is likely to have negative impacts or adverse effects on existing residential amenity in the surrounding area.  Therefore where a proposal fails to meet the requirements of criterion d. of Policy HOU13, if it is also within an Established Residential Area (ERA) or fronting onto a City Corridor outside of a designated centre, it is also likely to fail to comply with criterion a. of Policy HOU3 (see also Section 4.3).

3.5 Not located within a designated Housing Management Area

3.5.1  Housing Management Areas (HMAs) are designated under Policy HOU10 as locations in which intensive forms of housing will be managed to help reduce pressure from Houses in Multiple Occupation (HMOs) and flats in core areas of the city (see Figure 3.1). The designation of HMAs is to help support wider LDP aims of shaping quality residential development and achieving balanced communities by limiting more transient forms of land-use to protect existing residential amenity and the established character of residential neighbourhoods.

3.5.2  Issues associated with STL accommodation correspond to known impacts of other intensive forms of housing, particularly HMOs and flats created through the sub-division of larger houses. It is therefore necessary that STLs are restricted in designated HMAs so as not to exacerbate problems associated with high concentrations of intransient populations. Therefore applications for STL use within HMAs will usually be refused.

3.5.3   However, the criterion allows for the use of a property within an HMA as STL accommodation where there is a circumstance unique to an individual property that would justify an exception from this restriction. However, this is limited to proposals for STL accommodation that are required to meet a specific unsatisfied demand for short-stay visitor offerings at that specific location. Consequently, meeting a general unmet demand for such accommodation on a small geographic basis will therefore not be accepted as meeting the exceptions test, particularly where such a demand can be met by other forms of short-stay accommodation within the HMA or where it can be met in other locations accessible by walking or other sustainable forms of transport.

3.5.4  Proposals for STL accommodation within HMAs must always include information as part of the planning application to demonstrate that the exceptional circumstances that warrant the need for such accommodation exist and to justify why the specific unsatisfied demand cannot be provided for via any existing short stay offering or in another nearby location.

3.6  Retention of part as permanent residential housing

3.6.1  Paragraph 7.1.19 of the Plan Strategy acknowledges the risk at that the conversion of permanent homes or apartments to STLs may erode the sustainable supply of housing stock within the city. Furthermore, paragraph 7.1.88 emphasises the importance of ensuring that such uses do not undermine the availability of conventional housing or the strategic objective of growing Belfast’s population. In response to the increasing number of existing houses and apartments being used for STL, facilitated by online platforms and the potential for higher financial returns, we have adopted a proactive approach to managing this form of accommodation.

3.6.2  In the case of a change from permanent residential use to STL, part of the property must be retained as permanent residential housing. As confirmed through the Judicial Review proceedings in 2024 (see Belfast City Council Judicial Review [2024] NIKB 47), the word property “is to be given its ordinary, natural, commonsense meaning” in the relevant context, which is “spelt out by the aims and justification of the policy itself” (paragraph 32).

3.6.3  As the policy aims to preserve properties in permanent residential use by requiring part of the property to be retained in that state, a ‘property’ in this policy refers to the individual dwelling, whether that be an apartment or a house. (paragraph 37). This ensures that properties are kept in permanent residential use whilst parts of them can be let by the owners on a STL basis. In the case of the sub-division of a dwelling into multiple apartments for STL, part of each new apartment should be retained in permanent residential use.

3.6.4  For the purposes of this policy, this requirement will only be satisfied where the retained element of a property constitutes a genuine and primary residential use, having regard to the overall character and pattern of occupation of the property. As a minimum, at least one bedroom would need to be retained as the permanent, main address of an occupier, alongside appropriate living accommodation in terms of bathroom, kitchen and living/dining space available for use by the permanent resident(s). Consequently, the use of a 1 bedroom apartment for STL use would be considered contrary to this criterion.

3.6.5  For larger residential units, whilst it may be acceptable for multiple bedrooms to be let out on a short-term basis, in many cases, more than one bedroom may need to be retained for permanent occupation to ensure that proposals also remain compliant with Policy HOU3. That is because where a proposal involves the change of use of existing permanent housing, criterion c. of Policy HOU3 also requires that any non-residential use, in this case the STL use, remains subordinate to the primary residential use (see also Section 4.3 for more information).

3.6.6  The dwelling must therefore remain primarily and recognisably a private home, with any STL use being secondary in both its duration and character. Accordingly, arrangements whereby a bedroom is merely “locked off” while the remainder of the property operates as a full-time STL, or where only a nominal “residential area” is retained without genuine day-to-day use, would not be acceptable.

3.6.7  In the interest of ensuring that the STL use remains subordinate to the primary residential use, it would be inappropriate to create additional sleeping accommodation within shared or communal areas such as living rooms, dining rooms, or similar spaces. All rooms must retain their intended and appropriate function to preserve the character of the property as a conventional residential dwelling.

3.6.8  Only those rooms identified as bedrooms on the approved plans may be used for sleeping accommodation, whether for residential or STL purposes. Any deviation from this would result in the STL use no longer being considered secondary to the main residential use, thereby creating an imbalance. This will be secured by way of an appropriate occupancy condition preventing the use of bedrooms retained for permanent residence for any form of STL use.

Footnotes

Footnote six: Existing forms of visitor accommodation include other forms of overnight visitor accommodation including hotels, guest houses, bed and breakfasts and youth hostels, as well as all forms of STL accommodation.

Footnote seven: Small service accommodation includes guest houses, bed and breakfast accommodation and guest accommodation.

Footnote eight: Planning for Walking (CIHT, April 2015).  Available from: https://www.ciht.org.uk/media/4465/planning_for_walking_-_long_-_april_2015.pdf

Footnote nine: Planning for Walking (CIHT, April 2015).  Available from: https://www.ciht.org.uk/media/4465/planning_for_walking_-_long_-_april_2015.pdf