Draft Short-term let accommodation Supplementary Planning Guidance

2.1 Regional planning policy and guidance

Regional Development Strategy (RDS) 2035

2.1.1  The RDS recognises the need to strengthen Belfast’s role as the major driver for economic growth in Northern Ireland. It notes the unfulfilled potential of the tourism industry in the region, stating the need for improved visitor accommodation in the right areas. However, alongside this, a key priority of the RDS is ensuring the need for an adequate supply of quality housing throughout the region and to achieve this through promoting more sustainable housing development within existing urban areas.  

2.1.2  In a Belfast context, local policy therefore seeks to strike a balance between meeting housing need across the city (Policy RG8) and to facilitating the growth of the tourism industry in Belfast. (Policy RG4)

Strategic Planning Policy Statement (SPPS), Edition 2 (2025)

2.1.3  While there is no specific mention of STLs in the SPPS, tourism is considered a vital part of economic growth in the region.  The SPPS directs LDPs to set out policies to safeguard tourism assets and manage the development of visitor accommodation. It requires tourism development, including visitor accommodation, to be of high quality design, particularly in sensitive built and natural environmental settings such as conservation areas, areas of townscape character and within areas designated for their landscape, natural or cultural heritage properties.

2.1.4  As well as tourism development, the SPPS requires LDPs to manage housing growth to achieve sustainable patterns of residential development and to meet the full range of housing needs.  LDPs are required to set out the overall housing provision for each settlement over the Plan Period and contain specific policy for safeguarding the character of established residential areas. The implications for housing supply across the city should therefore be considered in relation to STLs and the need to protect housing stock for long-term residential use.

2.2 Local planning policy

Local Development Plan (LDP) Plan Strategy (PS) 2035

2.2.1  The LDP Plan Strategy sets out the strategic policy framework for the city to guide development and land-use in Belfast across a range of topics. It establishes a vision for Belfast as well as strategic policies and planning objectives required to deliver this. It also sets out a range of topic-based policies for development, including those relating to housing.

2.2.2  The residential accommodation policies within the PS seek to address both current and future residential needs by ensuring sufficient land is made available to meet future housing requirements. These housing policies prioritise the delivery of housing supply throughout the city to meet the different needs of the population. It also seeks to promote sustainable housing development within the city and to build strong inclusive and coherent communities.  It recognises that that there is a risk that the use of permanent homes or apartments to provide short term lets could erode its sustainable supply of housing stock.

2.2.3  While this guidance is primarily intended to supplement Policy HOU13: Short-term let accommodation, it also provides guidance in relation to Policy HOU3 insofar as STL accommodation is concerned. There are also a range of other relevant policies within the Plan Strategy as illustrated below.

2.2.4  Policy HOU3 provides a general presumption in favour of the retention of residential stock for permanent occupation and sets out criteria for the redevelopment and/or change of use of existing dwellings, including partial change of use, for other uses within Established Residential Areas (ERAs).  It notes that the use of permanent residential stock as short-term holiday accommodation will be treated as a change of use and will also be subject to the requirements of Policy HOU13.

2.2.5  Policy HOU13 sets out six criteria which should be met for planning permission to be granted to a STL. This policy recognises the importance of STLs to the tourism economy in Belfast while also noting the importance of STLs being well located and managed to avoid any adverse effects on housing of established communities. This includes restricting the development of STLs in Housing Management Areas (HMA) designated under Policy HOU10.

 2.2.6  While Policy TLC3: Overnight visitor accommodation relates to the development of overnight visitor accommodation generally, this is defined as hotels, guest houses, bed and breakfasts, youth hostels. Policy TLC3 specifically acknowledges that proposals for holiday self-catering apartments, serviced apartments, or short-term holiday lets will be considered under the short term let Policy HOU13.

2.3 Legal precedent

 2.3.1  In August 2022, planning permission was refused for the retrospective change of use of two apartments in Citygate, Sussex Place, Belfast, from permanent residential use to short term holiday let accommodation.  The refusals were subsequently appealed and on 16 October 2023, permission was granted for the change of use.  The decision raised important issues regarding the interpretation of the relevant planning policy, which were later examined by the High Court through Judicial Review proceedings, with a decision handed down on 11th June 2024 (see [2024] NIKB 47).

2.3.2  The case related to the interpretation of both:

• Policy HOU3, and whether it applies to city centre properties, and
• Policy HOU13, in particular the meaning of the word ‘property’  and whether this refers to individual apartments or to a building as a whole.

2.3.3  In terms of Policy HOU3, the High Court noted that the Plan Strategy itself makes clear that there are Established Residential Areas (ERAs) within the city centre.  On that basis, Policy HOU3 could be applicable to apartment developments in the city centre.

2.3.4  In relation to Policy HOU13, the Court emphasised that “a word such as ‘property’ in a planning policy is to be given its ordinary, natural, commonsense meaning within the context of the policy itself. It does not require to be subjected to intense forensic analysis. The relevant context will be spelt out by the aims and justification of the policy itself.” Consequently, the word ‘property’ was found to refer to the individual dwelling, whether that be an apartment or a house.  Any alternative interpretation would be to ignore the stated aims and intent of the policy and therefore defeat it.