Shropshire Farming Talk: Holiday let planning rules set to change this summer

But new planning rules due to come into effect this summer could help stop communities being “hollowed out”.

A new planning class is set to give councils more control over short term lets in their area – but that doesn’t mean most people will find it any more difficult to run a holiday business from their properties.

Re-purposing unused buildings to create a new income stream is a very popular option for farmers, but it can undoubtedly have a serious detrimental impact on local housing supply.

The new C5 planning class is the result of one of a number of consultations the government carried out last year and will allow councils to control the number of holiday lets in each area, especially tourist hotspots like Shropshire.

Secretary of State for Levelling Up Housing and Communities, Michael Gove, said the details of the changes would be set out in the Government’s formal response to the consultations, with implementation likely to be from this summer.

While the new use class will in theory mean you will need planning permission to switch between a home and a short-term let, the government also intends to introduce a new permitted development right that would allow the change of use of dwelling houses in England (C3) to a short term let (C5), and vice versa, without the need for express consent in many cases.

If you’re in an area where the number of holiday lets is severely restricting the supply of affordable homes for local people though, you might find that your Local Authority introduce what’s called an Article 4 Direction – in such cases, the permitted development rights would be withdrawn, and where permission is being sought for new holiday-let or ordinary dwellings, conditions may well be imposed on the grant of planning permission limiting the ability to switch between the two use classes; either of these measures would mean you would need to apply for planning permission.

The restrictions under Article 4 and new planning conditions won’t apply to existing lets, but if you’re considering a new one then you need to be careful that you don’t fall foul of the rules.

The government’s aim with this directive is to prevent local communities, usually in rural areas, from being “hollowed out” by a lack of opportunity for people to find a long-term home.

I would advise anyone who is considering a new holiday let, whether a new build or using an existing property, to seek good legal advice before they start. Article 4 Directions may well be introduced in some of Shropshire’s tourist hotspots, and getting the legal side wrong could end up being very expensive.

To find out more, email me at suzanne.tucker@fbcmb.co.uk

Suzanne Tucker, FBC Manby Bowdler’s head of planning