Draft Short-term let accommodation Supplementary Planning Guidance

4.1  Retention of housing for permanent occupation

4.1.1  In line with regional policy, the LDP seeks to strike a balance between the need to address the current and future residential needs through ensuring the supply of suitable land to meet future housing needs, and strengthening the potential of local tourism and the development of suitable tourism infrastructure, including overnight accommodation.  However, the Plan Strategy has at its core an ambitious growth strategy that will seek the growth of Belfast’s population by some 66,000 by 2035. This planned growth entails the need for 31,600 new homes in that period, the majority of which will be in the Belfast city settlement area.

4.1.2  To help achieve this overarching ambition, the housing policies include, among others, the aims to:

• Ensure an appropriate supply of land to accommodate the new housing required to grow the population
• Promote sustainable housing development to secure more sustainable patterns of development
• Protect the quality of the urban environment and the established residential environments
• Nurture the development of balanced local communities, and
• Build strong, inclusive and cohesive communities.

4.1.3  In the light of this context, paragraph 7.1.15 of the Plan Strategy recognises that it is necessary to protect existing housing stock in the city. Paragraph 7.1.16 continues that Policy HOU3 therefore seeks to restrict the type of non-residential proposals permitted in Established Residential Areas (ERAs) and protect established residential amenity. Policy HOU3 therefore provides for a general presumption in favour of the retention of residential stock for permanent occupation.

4.1.4  It is further recognised at paragraph 7.1.19 that there is a risk that the use of permanent homes or apartments to provide STL accommodation could erode the sustainable supply of housing stock in the city. It therefore directs that any applications for change of use of permanent residential stock to STL accommodation would be subject to the provisions of both Policy HOU3 and HOU13. 

4.1.5  However, as is made clear in the Plan Strategy, the focus of Policy HOU3 is on “ensuring a suitable supply of permanent residential accommodation for future residents of Belfast” (Para 7.1.19, p65).  It is within this context that the provisions of Policy HOU3 should be properly understood.

4.2  Scope of Policy HOU3

4.2.1  There are two distinct geographic localities within which the provisions of Policy HOU3 are applicable:

1. Established Residential Areas (ERAs); and
2. Fronting onto City Corridors outside of a designated centre.

Established Residential Areas

4.2.2  Established Residential Areas (ERAs) are not formally designated within planning policy, but whether or not a site falls within an ERA is established with reference to the definition within Appendix B of the Plan Strategy. Whether or not a site falls within an ERA must therefore be judged on a case-by-case basis with reference to the site context and the definition of ERA outlined in the PS.

4.2.3  As a general guide where a proposed development for STL accommodation is surrounded on more than two sides by residential properties then it may be considered to fall within an ERA, particularly where there is a recognisable form of housing styles, clear spatial structure, building form or plot sizes. However, according to the definition, ERAs can also have a greater range and mix of building styles or a less uniform pattern of development and are nonetheless still worthy of protection. The definition of an ERA also acknowledges that they may include buildings in commercial, retail or leisure services use, proportionate in scale to the size of the neighbourhood being served.

4.2.4  For the avoidance of doubt, there are ERAs within Belfast City Centre in accordance with the Plan Strategy definition of ERAs.  Similarly, for clarity, an apartment block can form part of an ERA, either alongside adjacent housing or other apartment blocks. 

City Corridors, outside of designated centres

4.2.5  The City Corridors are key routes into and out of the city, typically characterised by a mix of uses fronting onto a busy road. These routes are usually served by a high quality, high frequency bus service and the Plan Strategy acknowledges that frontages onto City Corridors can therefore benefit from higher densities of development. They are part of the Settlement Hierarchy defined within Policy SD2: Settlement areas, but are formally designated within the Local Policies Plan. 

4.2.6  Some City Corridors pass through District and Local Centres that provide important services and facilities to the surrounding residential communities. Consequently, Policy HOU3 seeks to direct non-residential uses along the City Corridors to the established centres in the interests of sustainable development and to protect the existing retail hierarchy. 

4.2.7  As noted in paragraph 7.1.18 of the Plan Strategy, the reference to ‘designated centres’ within the wording of Policy HOU3 therefore refers to District and Local Centres ‘fronting onto City Corridors’ rather than all locations within the retail hierarchy.  This means that Policy HOU3 is equally applicable to ERAs within Belfast City Centre as those outside of the city centre, despite Belfast City Centre being a designated centre in the retail hierarchy.

4.2.8  Consequently, the types on non-residential uses that would be deemed unacceptable where they front onto a City Corridor, would be considered acceptable within a District Centre or Local Centre. STL development within a District Centre or Local Centres would not therefore be subject to the provisions of Policy HOU3. However, where STL proposals front onto a City Corridor outside of a District Centre or Local Centre, the provisions of Policy HOU3 would apply.

4.3  Change of use of existing dwellings

4.3.1 Given that Policy HOU3 is concerned with the protection of existing residential stock, it is applicable only in cases where STL development involves the redevelopment and/or change of use or partial change of use of existing dwellings. Applications for new-build STL development on vacant sites or for the conversion of non-residential buildings, even within ERAs, are therefore not subject to the tests set out in Policy HOU3. However, in such cases, the full range of other normal policy considerations, including the provisions of Policy HOU13 (see Section 3) continue to be applicable.

4.3.2  For the avoidance of doubt, a STL is not considered a form of community infrastructure, so would not engage criterion b.  Similarly, a STL is considered a private letting and does not therefore require public access such that a separate user entrance would be required in relation to criterion d.  However, as criterion f. of Policy HOU13 requires part of a property to be retained for permanent residential occupation, policy compliant STL proposals that involve the change of use from existing dwellings will always be considered partial changes of use, with criterion c. of Policy HOU3 being applicable.

4.3.3  Consequently, where STL proposals involve the change of use of an existing dwelling, whether that be a house or apartment, there are three main considerations arising from criteria a. and c. of Policy HOU3, namely:

• Is it complementary to the surrounding residential uses
• Will it result in any adverse effects on residential amenity, and
• Is it subordinate to the residential use?

Complementarity

4.3.4  There is no automatic assumption that a STL will be complementary to surrounding residential uses.  There are recognisable differences between a conventional dwelling and a STL use, such as the pattern of arrivals and departures and associated traffic movements, the likely frequency of party type activities, or the potential lack of consideration for neighbours, which could lead to nuisance or disturbance.

4.3.5  However, criterion f. of Policy HOU13 requires that part of a property should remain in permanent residential use, meaning that the dwelling should remain primarily and recognisably a private home.  Alongside this, criterion d. of Policy HOU13 requires appropriate management arrangements to ensure a positive and safe living environment and to reduce the risk of adverse impacts, particularly on the surrounding residential amenity. 

4.3.6  It is therefore likely that where a STL proposal is considered to comply fully with Policy HOU13, particularly where a robust Management Plan is submitted as part of a planning application, it will also be considered complementary to the surrounding residential uses for the purposes of Policy HOU3 criterion a. (see also Section 3.4).

4.3.7  Conversely, where STL proposals fail to adequately address Policy HOU13 in terms of providing adequate management arrangements and retaining part of the property in permanent residential use, it is also likely to fail to adequately address the requirements of Policy HOU3.

Impact on residential amenity

4.3.8  As the change of use of residential properties to STL use can often be undertaken with no physical development, the Policy HOU3 requirement to have no adverse effect on existing residential amenity is not solely a design assessment.  Rather, in most cases, the impact of residential amenity is closely aligned with the issue of complementarity and the risk of nuisance or disturbance that may arise from the change of use.

4.3.9  Nevertheless, where proposals involve extensions or alterations to dwellings in addition to the change of use, the usual residential design requirements will apply in accordance with Policy RD2: Residential extensions and alterations.  Applicants are advised to refer to the additional guidance provided in the Residential Extensions and Alterations SPG. 

Subordinate use

4.3.10  In cases of the change of use of existing dwellings, whilst criterion f. of Policy HOU13 dictates that part of a STL property should be retained for permanent residential occupation, criterion c. of Policy HOU3 requires that the STL use must remain clearly subordinate to the primary residential use. A use will cease to be subordinate where it becomes sufficiently extensive, intensive, or functionally independent so as to constitute a primary use in its own right.

4.3.11  The use of part of a dwelling as an STL will only be considered acceptable where it remains clearly subordinate to the primary use of the property as a permanent residence. In this context, “subordinate” means that, as a matter of fact and degree, the dwelling continues to function and be experienced principally as a private home, with any STL activity forming a secondary and limited component in both its duration and character.

4.3.12  In assessing whether a STL use is subordinate, regard will therefore be given to the proportion of the property involved in letting activities, as well as the pattern, frequency and duration of such activities. The dwelling must remain the primary, permanent residence of an occupier and be occupied as such for the majority of the time.  STL activity should not become the predominant use of the property, either in terms of temporal occupation or the extent of the building utilised.

4.3.13  For a unit to be a primary, permanent residence it should remain the main home in which an individual lives for the majority of their time, as opposed to being a second or holiday home. It is typically the address used for official purposes, such as electoral registration, correspondence and utility accounts. The concept is defined by the quality and permanence of occupation, distinguishing it from temporary or transitory stays. An individual may have only one primary residence at any given time.

4.3.14  In addition to spatial considerations, the time-based extent of STL use is also relevant. Short-term letting is defined as occupation for periods of less than 90 consecutive days. To remain subordinate, such use should not become the dominant pattern of occupation over the course of a year.  While there is no fixed numerical threshold, a balanced pattern of use, where permanent residential occupation clearly predominates and STL activity is intermittent rather than continuous, will be a key indicator of compliance. Conversely, frequent or near-continuous bookings, particularly on a back-to-back basis, are likely to indicate that the STL use has become primary and would therefore conflict with policy requirements.

4.3.15  The property must continue to present and function as a dwellinghouse, rather than as visitor accommodation. Indicators such as a frequent turnover of occupants, regular and sustained STL activity, or the introduction of servicing arrangements commonly associated with commercial visitor accommodation may suggest that the STL use has become dominant rather than subordinate.  Management Plans, which are also a requirement pursuant to criterion d. of Policy HOU13 should clearly indicate how STL will be managed to ensure it remains subordinate to and compatible with long-term residential occupation of the property (see also Section 3.4).

4.3.16  These considerations will be applied cumulatively. The requirement will only be satisfied where the retained element constitutes a genuine and principal residential use, having regard to the overall character and pattern of occupation of the property. Proposals that fail to demonstrate both the genuine retention of permanent residential use and that the STL use remains clearly subordinate will be regarded as failing to meet criterion f. of Policy HOU13 and criterion c. of Policy HOU3.