Dear Mr Johns,

I confirm receipt of your information request and that we are dealing with this and will respond to you in due course.

The Freedom of Information Act 2000 and Environmental Information Regulations 2004 allow up to 20 working days for responding to information requests.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, PO Box 1720, Huddersfield, HD1 9EL. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The ICO telephone helpline on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday to Friday.

Regards

Information Governance Team
Kirklees Council
Governance Service
PO Box 1720
HUDDERSFIELD
HD1 9EL

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

show quoted sections

Dear Peter Johns

 

31054 - Requirements for short term holiday lets / Airbnb etc.

 

I am writing in response to your request dated 27/02/2023.  This has been
dealt with under the Freedom of Information Act 2000.

 

You asked for the following information:

 

Please could you advise me as to any planning requirements for permission
to operate a short term holiday let in your area. For example properties
and rooms that may appear on online portals such as Airbnb, Booking dot
com etc.

 

This is also often known as Serviced Accommodation.  It is generally full
furnished rooms or properties with cooking facilities etc.

 

It may be let out for a single night, or it could be let for a much longer
period of time.

 

This question excludes apart-hotels, hotels, hostels, bed and breakfast
and similar properties clearly  defined in the Use Class Order.

 

--

 

1) Which planning use class should the property be operating in?

 

Should it be C1, C3 or Sui Generis for example?  Or can it operate in more
than one?

 

--

 

2) Is planning permission required? if the property is not operating in
that Use Class?

 

--

 

3) Does that Use Class change if a certain number of nights are occupied
during the year? Or is planning permission required if a certain number of
nights is exceeded per annum even if operating in the correct Use Class?

 

--

 

4) Does your answer vary if it is a full unit such as a house or flat, as
opposed to an annexe or a room or two within a C3 dwelling? If yes, how
would the partial or full holiday let differ?

 

--

 

5) Are there any other  rules that serviced accommodation or short stay
holiday let providers advertising on Airbnb etc., adhere to in addition to
any number of nights per annum (question 3) within your area?

 

The Council’s response to your specific questions is set out below:

 

The Council does not hold or publish any planning advice regarding
planning requirements for short term holiday lets. Planning requirements
for any particular property would be considered upon its own merits. The
Council does, however, offer a pre-application service for such enquiries,
details of which may be found at
[1]https://www.kirklees.gov.uk/beta/plannin....
Alternatively it is open for any person to apply for a Certificate of
Lawful Development should someone wish to formally establish the
lawfulness of a short term holiday let.

 

If you are not content with the handling of your request, you have the
right to ask for an internal review.  Requests for internal reviews should
be submitted within 2 months of the date of receipt of the response to
your original request and should be addressed to the Monitoring Officer,
1^st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. 
Alternatively, you can send an email to:
[2][email address]. 

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of any review you have the right
under section 50 of the 2000 Act to apply to the Information Commissioner
for a decision as to whether your request for information has been dealt
with in accordance with the requirements of the Act.  The Information
Commissioner’s website is at [3]www.ico.org.uk and gives more information
about the role and duties of the Commissioner.  The Information
Commissioner’s offices will be closed for the foreseeable future and they
are therefore unable to receive correspondence via post. The ICO can be
contacted via their [4]contact page, or by ringing 0303 123 1113.

 

Yours sincerely

 

 

Information Governance Team

Kirklees Council
Governance Service

PO Box 1720
HUDDERSFIELD
HD1 9EL

 

Telephone: 01484 221000 (voice activated switchboard – please ask for
Freedom of Information)

 

For more information about how we deal with your personal data, see
[5]www.kirklees.gov.uk/privacy

 

 

 

 

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