Written question WQ100733

Planning authorities have the ability to control the number of second homes and short-term lets in an area through the issuing of an Article 4 Direction which removes certain permitted development rights.

The Use Classes Order differentiates between ‘Dwellinghouses, used as sole or main residences’ (Class C3), ‘Dwellinghouses, used otherwise than as sole or main residences’ (Class C5) and ‘Short-term Lets’ (Class C6)

The practical effect of this is that changes between the use classes, C3, C5 and C6 can be made without needing to apply for planning permission unless a local planning authority decides to remove these specific ‘permitted development rights’ within a specified area.

It is a matter for each planning authority to assess whether there is a need for them to control the number of second homes and short-term lets in specific parts of their area and subsequently to decide whether to issue an Article 4 direction to enable this control to be put into effect.

In terms of enforcement, planning legislation contains a range of powers that a Planning Authority can use to remedy unauthorised development. A Stop Notice, served in conjunction with an Enforcement Notice can achieve an immediate cessation of building operations. In considering the merits of serving an Enforcement Notice, the decisive issue for an authority is whether the breach of planning control would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest.

Impacts on residential amenity from excessive noise could constitute a statutory nuisance and local authority Environmental Health Departments are able to take enforcement action if appropriate to do so.

The Visitor Accommodation Licensing Scheme remains under development.