Commissioner says a “lack of consideration for neighbours” could “give rise to potential for unacceptable noise and disturbance as a direct consequence of the short-term let use.”
A Belfast city centre dwelling house has been caught out acting as a short-term let without planning permission.
An appeal by Mr Peter Tobin, regarding a property at 20 Brown Street, in the Millfield area of central Belfast, against an enforcement notice by Belfast City Council for the unauthorised change of use from dwelling house to short-term let accommodation, has failed, and the council decision upheld at the Planning Appeals Commission.
Commissioner Carrie McDonagh upheld the enforcement in an August session of the committee. The enforcement notice requires that the use as short-term let permanently cease within two months of the date that the notice takes effect. The landlord asked for three months “to honour existing bookings” but Commissioner McDonagh said two months was “a reasonable timeframe.”
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Short-term let accommodation refers to renting out a property or room for a short period, from one night to a few weeks or months, rather than for a permanent residence. Platforms like Airbnb and Vrbo list these types of rentals, which offer visitors more choice and a different experience from traditional hotels.
An array of Belfast councillors from a variety of political parties have warned that communities all over the city could soon face a housing crisis caused by short-term lets, similar to the crisis caused by HMOs in areas such as the Holylands.
In the appeal decision document for 20 Brown Street, Commissioner Carrie McDonagh states the subject property was certified as a self-catering accommodation from April 24 2023 by Tourism NI, and adds there was no dispute that the property was in use as a short-term let at the time the notice was issued. Thus, she said,the alleged use had occurred.
The landlord, known as the appellant in the hearing, argued that the periodic occupation of the dwelling by guests meant that it continued to operate like a single household. Mr Tobin argued its use for short stay letting did not change its character because the use did not adversely impact local residents. Accordingly, he argued, there was no breach of planning control.
Commissioner McDonagh wrote: “In terms of the pattern of arrivals and departures, with associated traffic movement, the council argued that the pattern of use described, in particular the focus on weekends and summer, would be clearly holiday based. They go on to argue that the pattern of use would be mostly transient, which points towards commercial type activity rather than a more settled domestic use.
“The appellant argues the arrivals and departures are unremarkable and akin to the daily comings and goings at any domestic residence, and even if the turnover is more frequent, that is not indicative of a material change in the overall character of the use. To support his proposition, he provided examples whereby larger families or residents with careers such as child minding or dog sitting would generate more trips, as would domiciliary visits by carers or other service providers.”
She concluded: “I consider the short-term let accomodation represents a transient tourism use mainly geared towards a continuous stream of short-stay visitors. In the evidential context, I am satisfied that such usage is materially different from that typically associated with a residential dwelling.
“That is mainly because the pattern of arrival and departures, including the footfall and cleaning regime would be more intensive, there is the occupation by non-family/household groups with frequent party-type activities potentially arising. Moreover, the associated lack of consideration for neighbours, combined with the close proximity and position of the outdoor space in context of other dwellings, gives rise to potential for unacceptable noise and disturbance as a direct consequence of the short-term let use.”
She added: “It follows that this material change of use constitutes development for which planning permission is necessary. The absence of this requisite permission constitutes a breach of planning control.”
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