Ref No: 22/472

27 February 2023

Dear Mr Johns,

Thank you for your Freedom of Information request regarding: Planning
requirements for short term holiday lets.

We can confirm your request was received on 27 February 2023. This will be
dealt with under the terms of the Freedom of Information Act 2000 and
answered within twenty working days.

In some circumstances a fee may be payable and if that is the case, we
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.

If you have any queries about this request please contact the Corporate
Information Team, quoting the above reference number.

Yours faithfully,

Graeme Napier

Freedom of Information
[1]NKDC [2]Facebook [3]YouTube Tel: 01529 414155
Twitter Email:  [4][email address]
[HNG53VF58]​ [5]www.n-kesteven.gov.uk
Kesteven Street ,  Sleaford ,  NG34 7EF
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show quoted sections

Ref No: 22/472

24 March 2023

Dear Mr Johns,

We refer to previous correspondence regarding your request for information
relating to: Planning requirements for short term holiday lets.

The information is given below:

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?

The use class would be determined by reference to the typology of
accommodation and there is no general answer to be afforded to the
question. It would be determined on a case by case basis. For example, the
letting a single room for B&B purposes in a large 4 bed house would not
amount to a material change of use since the activity could not reasonably
be distinguished from the operation of the dwellinghouse as such.
Alternatively a dwelling being used as a ‘holiday cottage’ would remain as
a dwellinghouse (Use Class C3).

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

As per Q1 the need for planning permission would be a matter for
assessment on a case by case basis. In some cases, a change of use may
occur and for which a grant of planning permission would be required.

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?

The need for planning permission will not be governed just by the number
of nights a premises is occupied. The judgement as to the need for
planning permission will be made on a wider set of criteria, the number of
occasions of use might be material. Using the B&B example in the large 4
bed house again, a single room is unlikely to result in a change of use
but 3 out of the 4 bedrooms being used would result in a different
character in the use of the premises and so permission would be required.
However, if this happened only once in a calendar year then this would be
deemed as an exception and so planning permission would be unlikely to be
required. On the other hand, if this became more frequent, then the
balance in the need for planning permission would need to be re-assessed.

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?

See answers above.

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?

Nothing additional from a planning perspective.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response,
quoting the above reference number, via email at: [North Kesteven District Council request email] or
by post to North Kesteven District Council, Corporate and Customer
Services, Kesteven Street, Sleaford, Lincs, NG34 7EF.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted through their
website www.ico.org.uk, by email to [email address], by telephone
0303 123 1113 or in writing to Information Commissioner’s Office, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours faithfully,

Graeme Napier

Freedom of Information
[1]NKDC [2]Facebook [3]YouTube Tel: 01529 414155
Twitter Email:  [4][email address]
[HNG53VF58]​ [5]www.n-kesteven.gov.uk
Kesteven Street ,  Sleaford ,  NG34 7EF
[6]Click to find out more.

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