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Planning requirements for short term holiday lets / Airbnb etc.

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Dear Wolverhampton City Council,

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.

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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?

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

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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?

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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?

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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?

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Thanking you in advance for your assistance in this matter.

Yours faithfully,

Peter Johns

Wolverhampton Council, Wolverhampton City Council

 
Information request
Our reference: 4518975

══════════════════════════════════════════════════════════════════════════

Dear Peter Johns
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 27
February 2023.
 
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 27 March 2023.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours faithfully
 
 
Malkit Sahota
Customer Engagement Officer
Governance
01902 554042
[1][Wolverhampton City Council request email]
 
NOTE: Please do not edit the subject line when replying to this email.
 
Wolverhampton Council
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Wolverhampton Council, Wolverhampton City Council

 
Information request
Our reference: 4518975

══════════════════════════════════════════════════════════════════════════

Dear Peter Johns
 
Freedom of Information Act 2000
 
Thank you for your request received on 27 February 2023. Unfortunately, we
are unable to deal with your request for the following reason:
 
Your request will be dealt as business as usual rather than Freedom of
Information and has been passed onto Planning team to action. 
 
Yours faithfully
 
 
Malkit Sahota
Customer Engagement Officer
Governance
01902 554042
[1][Wolverhampton City Council request email]
 
NOTE: Please do not edit the subject line when replying to this email.
 
Wolverhampton Council
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee.
If you are not the intended recipient, an addressing or transmission error
has misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views
of Wolverhampton Council .
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Wolverhampton
Council  cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.

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Planning, Wolverhampton City Council

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Good afternoon Peter,

Thank you for your enquiry, for your information requests of this nature should be directed to our planning inbox email address rather than going through an FOI request.

Whether converting a dwelling house into a holiday letting constitutes as a material change of use, is a matter of fact and degree. There is limited case law on this subject, subsequently whether planning permission will be required, what use it falls under and whether this would be approved depends on the unique constraints and planning merits of the site. This will be judged on a case by case basis.

In considering whether this would constitute as a material change of use, we would weigh up the following factors (this is not an exhaustive list):

- Size of the dwelling / how many rooms would be available for lettings
- The frequency of letting / what proportion of the year the building would be let out
- Further details of the business model / operation of the property e.g. who would put bins out, how will the building be cleaned / maintained
- Character of surrounding area (conservation area, neighbouring uses, urban grain etc)
- Connectivity / Accessibility / Parking
- Potential impact to neighbouring amenities (e.g. noise disturbance)
- Potential impact to character of area (e.g. frequency of comings and goings, commercial / business-like use)

To determine whether a site requires permission to become a holiday let, an application for a Lawful Development Certificate can be submitted, but this would require additional site-specific information.

[Please note, this informal advice is offered in good faith, given based only on the information provided at this time, and this does not prejudice any future decision that the Council may make.]

Kind regards,

Jobe Elwell
Planning Officer
Tel. Office: 01902 551358

E-mail: [email address]
City of Wolverhampton Council

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We don't know whether the most recent response to this request contains information or not – if you are Peter Johns please sign in and let everyone know.