Planning permission application

Nikster73

I have emailed my local council and received an automated response to apply on-line.  I also called them today and was advised there is no direct number for planning, nor am I able to speak to an individual!

I would like to start a business with a flat I rent out, as a holiday let via air b&b and booking.com.  I need to apply for a licence and I have been advised as I'm changing the use of the property, I need to apply for planning permission.  PP will cost me £600!  I was shocked at this amount.

My apartment is in a block of x 6 flats.  I'm thinking that the majority might not agree to a holiday let  therefore my applications could be rejected.

Do I receive any of the £600 fee back? If rejected? Am I entitled to any money refunded? Or do the council keep my £600?  It's alot for me to pay out, and get nothing in return ( if my application is not successful.)

Any advice would be appreciated.

Section62

Nikster73 said:

Do I receive any of the £600 fee back? If rejected? Am I entitled to any money refunded? Or do the council keep my £600?  It's alot for me to pay out, and get nothing in return ( if my application is not successful.)

No. The fee is to consider your application, not a guarantee of approval.

Bottom line: You want to run a business, costs like these are just part of doing business.  If a £600 fee isn't affordable then you may need to think more carefully about whether this business is right for you.

user1977

The fee is for the application, no matter the result - the council isn't offering some sort of money-back guarantee for everybody's daft proposals.

You seem misguided as to how planning works - the neighbours don't have a right of veto, the application will be assessed against whatever the local and national guidelines are for such things.

anselld

Nikster73 said:

I have emailed my local council and received an automated response to apply on-line.  I also called them today and was advised there is no direct number for planning, nor am I able to speak to an individual!

I would like to start a business with a flat I rent out, as a holiday let via air b&b and booking.com.  I need to apply for a licence and I have been advised as I'm changing the use of the property, I need to apply for planning permission.  PP will cost me £600!  I was shocked at this amount.

My apartment is in a block of x 6 flats.  I'm thinking that the majority might not agree to a holiday let  therefore my applications could be rejected.

Do I receive any of the £600 fee back? If rejected? Am I entitled to any money refunded? Or do the council keep my £600?  It's alot for me to pay out, and get nothing in return ( if my application is not successful.)

Any advice would be appreciated.

Who has advised that you need planning permission?  From a planning viewpoint short term let and residence both come under use class C3.  There is no separate class for holiday let and it does not fall into any of the business classes.  So it should not be a change of use.

There is an exception to that in London where planning is needed to exceed a certain number of nights, but that is enacted as a separate bylaw.  As far as I am aware no other Councils have such a restriction currently although the Gov has beentalking about enacting those options.

There was a recent case in Edinburgh where a planning application for that purpose was rejected.  However it was not clear why the application had been made in the first place.  Planners sometimes avoid the fact that permission may not even be required;  if an applicant asks for a decision they will make one regardless.

So personally I would not ask the Council in the first instance.  Get advice from a planning consultant who is familiar with the local rules.  You will have to pay but it might be cheaper than throwing £600 at an uncertain answer when you may not even need it.

Before you do any of that have you checked for restrictions in the Lease.  Many Leases prevent short term letting and other residents would have more clout enforcing the Lease than they would objecting to planning.

Flugelhorn

anselld said:

Before you do any of that have you checked for restrictions in the Lease.  Many Leases prevent short term letting and other residents would have more clout enforcing the Lease than they would objecting to planning.

This is the important bit - lots of places do not allow short term or holiday let 

Section62

anselld said:

Nikster73 said:

Who has advised that you need planning permission?  From a planning viewpoint short term let and residence both come under use class C3.  There is no separate class for holiday let and it does not fall into any of the business classes.  So it should not be a change of use.

Some councils take the view these arrangements are sui generis.  The government are consulting on the creation of a separate use class, so there could be some weight behind that argument. It depends on what the inspector thinks if the OP appeals on refusal or enforcement notice.

The potentially bigger problem for the OP is if the council refuse to grant a license if planning consent isn't obtained.  They would need to investigate what right of appeal they have for a license refusal, and how much that might cost.  The planning consent fee could be cheap in comparison.

Nikster73

Section62 said:

Nikster73 said:

Do I receive any of the £600 fee back? If rejected? Am I entitled to any money refunded? Or do the council keep my £600?  It's alot for me to pay out, and get nothing in return ( if my application is not successful.)

No. The fee is to consider your application, not a guarantee of approval.

Bottom line: You want to run a business, costs like these are just part of doing business.  If a £600 fee isn't affordable then you may need to think more carefully about whether this business is right for you.

I didn't say it wasn't affordable.  I was more concerned that planning permission was necessary when I'm not making any structural changes or doing any construction works.

anselld

The problem is that for the Council to refuse permission it would need to argue that there was intensification of use vs a normal residential C3.  The actual act of applying for "change of use" is a tacit admission by the applicant that they think there *is* intensification and weakens the argument to appeal based on Moore v Secretary of State for Communities and Local Government (2012).
Licensing - depends on the scheme in question, but yes that is another potential minefield.

Nikster73

Flugelhorn said:

anselld said:

Before you do any of that have you checked for restrictions in the Lease.  Many Leases prevent short term letting and other residents would have more clout enforcing the Lease than they would objecting to planning.

This is the important bit - lots of places do not allow short term or holiday let 

Flugelhorn said:

anselld said:

Before you do any of that have you checked for restrictions in the Lease.  Many Leases prevent short term letting and other residents would have more clout enforcing the Lease than they would objecting to planning.

This is the important bit - lots of places do not allow short term or holiday let 

When you say lease - do you mean mortgage? I'm changing from a buy to let to a holiday let mortgage.  There are other apartments in the same estate that are currently renting on air b&b.  

I know someone who has recently had planning permission approved for a studio flat.  The application was submitted in January 2023 and the fee she paid was £300, she emailed me the invoice.  I was advised £600 yesterday from the same council.....which I find strange! We are In West Lothian Scotland.  I need to also apply for a licence to holiday let my property on booking.com.  when applying for a licence it asks if you have had planning permission  agreed.  

I have rented the apartment for 12 years to long term tenants on a buy to let and have never had any complaints from residents or neighbours.  I'm hopeful this might go in my favour.  It's the fee I'm more concerned about.  

anselld

OK, so Scotland is different, most of previous does not apply.

sheramber

https://www.mygov.scot/short-term-let-licences

The law around short-term lets changed on 1 October 2022. New hosts are required to apply for a short-term let licence before accepting bookings or receiving guests.

The fee depends on the size of the accommodation.