Planning requirements for short term holiday lets / Airbnb etc. in Wales

Thank you for your recent FOI / EIR request. Please find attached an acknowledgement for this request.
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Dear Peter Johns

ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST

Thank you for your request for information received on 27th February 2023.
We have considered your request and enclose 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 Unique Use for example? Or can it operate in more than one?

It may be Class C3 but occupancy could be restricted by condition. Welsh
Government has also introduced a new Class C5 Use Class for properties
occupied for more than 183 days: [1]Written Statement: Changes to planning
legislation and policy for second homes and short-term lets (30 September
2022) | GOV.WALES

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

That would depend on the original 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?

Yes if a residential property in Class C3 is occupied for more than 183
days otherwise as a sole or main residence, but planning permission may
not be require as this is permitted development.

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?

Possibly, but it is a matter of fact and degree depending on the nature of
the use.

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?

Yes, we are aware of other rules that may apply but we recommend that you
seek your own professional advice in this respect specific to the property
you are referring to.

We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.

Please note that we have dealt with your enquiry under the Environmental
Information Regulations 2004. Environmental information is exempt from
disclosure under the Freedom of Information Act 2000 by a Section 39
exemption. This exemption exists due to provision for access to this type
of information already being provided for by the Environmental Information
Regulations 2004. Therefore in accordance with Section 17 of the Freedom
of Information Act 2000 this letter acts as a Refusal Notice to supply
this information under the Freedom of Information Act.

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the handling of your request please contact us.

Yours sincerely

CORPORATE INFORMATION GOVERNANCE UNIT

Freedom of Information Act 2000 / Environmental Information Regulations
2004

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Information Unit
Caerphilly county borough council, Information Commissioner’s Office –
Penallta House Wales
Tredomen Park 2nd Floor, Churchill House
Hengoed. CF82 7PG Churchill Way
Cardiff CF10 2HH
 
 
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