Short-term Holiday Lets: Planning

Anthony Mangnall Excerpts

Tuesday 23rd May 2023 Westminster Hall

[Anthony Mangnall (Totnes) (Con)]

It is a pleasure to speak in this debate, and to support my neighbour, my hon. Friend the Member for Torbay (Kevin Foster). Across south Devon, we have been dealing with this issue for a long time. The debate comes down to a point of balance. If we are implementing measures to try to improve housing stock, then we are doing the wrong thing. Over the last three years, we have successfully worked together across the House to try to change the law around short-term lets. We changed the business rate loophole, so that there is an actual number of days that houses have to be let for. We changed council tax rates to 200% on empty and second homes. We are looking at how neighbourhood plans can take into account the amount of second homes when new houses are built. There is also the consultation, which has been mentioned time and again. A large body of legislation has not just being promised, but has already been delivered, and there is legislation currently in the House of Lords. It is not correct to say that nothing has been done, and that two years on, nothing has changed. A great deal has changed. The question, however, is: what is the intent? What are we trying to do? If we are asking for more houses, then we need to build more houses, and changing the rules around short-term lets will not deliver them. We must have that in mind in this debate.

The hon. Member for Westmorland and Lonsdale (Tim Farron) correctly mentioned how important tourism is to his local economy; it is the same across Devon and Cornwall, as he well knows, and of course across Strangford, too. In my area, 3% of the economy is based around tourism and hospitality, and we all understand the need to attract people to our area, and to find the employees to work in the visitor economy.

In Devon, there are 13,363 second homes. That is up by 11% from last year. In my constituency of Totnes in south Devon, there are 3,454 Airbnb lets. Madam Chair, if you were to take out your phone right now and look at Rightmove for a long-term rental property in my area, you would find only 34 properties, and they are unaffordable. The challenge for my constituency is in both being a welcoming area for second homes, and being a place where people can live and work. Day in, day out, my inbox is filled with correspondence from teachers, doctors, lawyers, nurses and others who want to live and work in the area, but who struggle to get into the housing market, either by buying or renting. We must consider measures to encourage more people to offer up housing for the long-term rental market.

It is interesting that we are having a conversation around section 21, because there is a debate this afternoon on that very subject and what we do about leaseholder reforms. We must have measures to encourage people to make their properties available for long-term renting, because across our constituencies—I would imagine that we are all in tourist destinations—not many of the houses put up for rent are in that long-term market. How we achieve that must be at the forefront of our mind when legislation is next brought forward.

We should start by thinking about unintended consequences. We are sent to this place to think about how we can improve situations. I suspect that that is exactly what George Osborne thought he was doing in 2015 when he changed the tax relief on mortgage interest payments. However, that change has completely disincentivised the long-term rental market and completely favours the short-term rental market. If people can receive three, four, or in some cases five times more rent from Airbnb than from the long-term rental market, what is the point of their going into the long-term rental market?

We have to think about what we are doing, today and in forthcoming legislation. I give the Minister due warning that a great many of us will want to shape that legislation, so that we can find a balance. We need to support the rights of tenants and landlords, and encourage a fair system that allows both sides proper representation in the law. That matters, because if we get this wrong, it will be incredibly difficult for us to support either the short-term letting market, which is so important to our visitor economy, or the long-term market, which is needed if we are to encourage digital nomads or others to live and work in different parts of the country.

There has been a lot of conversation around farming and diversification. As we are no longer in the common agricultural policy, our farmers have been asked, through the environmental land management scheme, to consider how they can diversify. However, time and again, they are hampered from changing the use of their properties. We must make it easier for them to do so. It is no good taking away their subsidies, and then changing the system and saying, “It is this difficult to apply for planning permission.” Time and again, farmers and rural businesses face huge costs from organisations such as Natural England, with the result that they cannot diversify.

If we want to improve housing stock; encourage landlords to let long-term rental properties; encourage primary residency building, as is envisaged in the neighbourhood plans; and encourage an ability to diversify in rural landscapes, we must act. If we get that right, we can achieve the perfect balance between short-term lets, long-term lets and affordable properties, because in the end, the issue all boils down to supply.

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[Joanna Cherry (Edinburgh South West) (SNP)]

It is a pleasure to serve under your chairpersonship, Dame Caroline. I commend the hon. Member for Torbay (Kevin Foster) for securing this debate.

As a Member of Parliament representing an Edinburgh constituency, I am well aware of the impact that the explosion in short-term let properties has on local housing markets in tourist hotspots. The debate was prompted at least in part by the UK Government’s recently opened consultation on a registration scheme for short-term rental properties in England. I am pleased to say that the Scottish Government have been quicker to act on these issues. They have implemented legislation, and our scheme is now up and running in Scotland. That is but one example of a policy area where, despite limited powers of devolution, tangible measures to tackle the cost of living crisis and the cost of housing are being implemented in Scotland.

[Anthony Mangnall]

Will the hon. and learned Lady give way?

[Joanna Cherry]

I want to develop my point. Licensing and planning rules have already been introduced by the Scottish Government for the city of Edinburgh, and owners of short-term lets have until October to comply with the changes. Edinburgh became the first let control area in July 2022, and a smaller control area is being planned in the highlands. The First Minister also recently proposed allowing councils to double the council tax paid on empty and second homes.

The supply of housing and the impact on rents for local people has been well articulated during this debate. Housing matters are devolved to the Scottish Parliament, but as a Westminster MP, I often get requests from constituents who are struggling to afford rented property. It is not just in tourist cities such as Edinburgh that these problems are acute; rural Scotland also faces housing shortages as a result of the growth in the short-term rental sector. As in rural areas of England, that has an acute impact on the provision of local services, particularly health services; nurses and carers struggle to find accommodation in many of Scotland’s rural communities, and in many areas of the highlands and islands.

The shortage of affordable rental properties also impacts directly on the tourism sector, as many workers simply cannot find anywhere affordable to live. In the islands of Scotland, there are reported cases of many of those important tourism sector workers being forced to sofa surf. In some cases, they have been advised to wait until after 6 o’clock to try to book last-minute accommodation on platforms such as Airbnb—the very platforms that are preventing them from accessing housing in the first place.

Many communities are at risk of being hollowed out by an oversaturation of short-term lets, which not only drive up rent and squeeze out long-term renters by reducing the supply of housing, but cause problems for neighbours and put additional strain on council services. I know from my own casework that a problem that originally affected only Edinburgh’s medieval old town has spread across the entire city, and it is not just about soaring rents and the scarcity of properties for rent. Long-term residents face living with constantly changing groups of tourists, who put pressure on the building or street’s communal waste bins, hold regular and noisy parties, or simply check out early or very late for flights, banging their suitcases down common stairwells at all times of the day and night. In some buildings in the old town of Edinburgh, almost all the flats are now Airbnbs, while the last few remaining residents feel squeezed out and endure constant noise, so the provisions introduced by the Scottish Government and City of Edinburgh Council will be extremely important.

The removal of a large number of properties from long-term rent has an impact on the wider economy, and a city like Edinburgh cannot grow without homes for workers. Living, breathing communities are what make tourist destinations attractive. Four years ago, when the Scottish Government concluded their first consultation on short-term lets, CNN cited the city of Edinburgh, the Taj Mahal, Machu Picchu, Dubrovnik and Iceland as famous destinations that

“can no longer cope with their own popularity”.

That is why City of Edinburgh Council has produced a new tourism strategy, which notes that:

“One of Edinburgh’s most distinctive features is that established residential communities are to be found right across the city, including in the city centre.”

Our council strategy goes on to say:

“The quality of life for residents and the attractiveness of Edinburgh as a destination are inextricably linked. The one cannot suffer at the expends of the other.”

[Anthony Mangnall]

I am sorry to interrupt the hon. and learned Member’s speech. I congratulate her enormously on the proposals that have been put forward in Edinburgh; there is a great deal that we can learn across the country. I just wonder whether there are any forecasts out there of how these proposals are likely to affect the long-term letting market. I know it is a bit early, but it would be helpful to understand whether the measures being introduced in Edinburgh could be replicated elsewhere.

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[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is a pleasure to serve with you in the Chair, Dame Caroline. I congratulate the hon. Member for Torbay (Kevin Foster) on securing this important debate and commend him for the focused and thoughtful remarks he made in opening it. I also thank all other hon. Members who have participated in the debate. In particular, I praise the contributions of my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) and the hon. Member for Westmorland and Lonsdale (Tim Farron). Both have long called for bold action in this area, and both brought home the need for urgency in taking the measures still required to tackle it.

It is not in dispute that holiday homes and self-catering apartments have an important role to play in catering to the needs of tourists, as well as those who require short-term accommodation for work or other purposes. All hon. Members who have spoken clearly recognise the contribution of short-term holiday lets, and the visitor economy more generally, to the prosperity of individual homeowners and local economies in their constituencies. When we respond to the issue, it is absolutely right, as the hon. Members for East Devon (Simon Jupp) and for Totnes (Anthony Mangnall) mentioned, that we should get the balance right.

As we have heard repeatedly throughout the debate, the issue is that the surge in the numbers of homes marketed for short-term holiday lets over recent years has generated a number of significant challenges for communities across the country. Those challenges range from the immediate impact on residents, neighbourhoods and local services of high visitor turnover, particularly when short-term lets are abused by the minority of antisocial or disruptive guests, to the longer-term negative impact on entire communities with respect to the affordability and availability of homes for local people—and, indeed, those who work in the visitor economy—to both buy and rent.

As noted several times in the debate, those challenges are obviously most acute in areas of the country, be they rural, coastal or urban, where the concentration of short-term holiday lets is extremely high. It is worth noting that they are also particularly evident in London, owing to the fact that the Cameron Government decided, by means of the Deregulation Act 2015, to loosen requirements on short-term letting in the capital, allowing properties to be let for a maximum of 90 days a year without requiring planning permission. The Government were warned at the time about the harmful consequences that would flow from the relevant provisions in that Act, not least given that few, if any, London boroughs have the means to monitor and enforce the 90-day limit, but those warnings went unheeded, and short-term let abuse is now rife in many parts of the capital as a result. I feel duty bound, as the only London MP in the debate, to mention that particular problem.

It has been abundantly clear for some time that the deregulated nature of the short-term letting sector is deeply problematic. There is a pressing need to overhaul the sector’s regulatory framework to account for the significant changes that have taken place over the past 10 to 15 years, but also, we would argue, a watertight case for giving local authorities that are struggling to cope with high concentrations of short-term holiday lets the powers they need to protect the sustainability and cohesion of their communities. It is true, as the hon. Member for Totnes mentioned, that measures have been enacted on the business rates loophole and neighbourhood plans to try to tackle the problem, but we argue that they are clearly insufficient, not least because we would not be debating the issue today if they went a long way to solving the problem.

Having opposed for years the very notion that robust regulatory intervention was required to address the negative impact of short-term holiday lets on communities and local housing markets, the Government were finally forced to act in June 2021.

[Anthony Mangnall]

The hon. Member has criticised the Government for introducing policies, but I wonder what Labour’s position is on what the correct level of short-term lets in communities is.

[Matthew Pennycook]

If the hon. Member gives me the opportunity, I will go on to make clear where we differ from the Government, in what they have and have not proposed.

As I was saying, when the Government finally acted in June 2021, they did so only in the most limited fashion, agreeing to have the Department for Culture, Media and Sport consult on a tourism accommodation registration scheme in England. After consistently resisting various attempts to amend the Levelling-up and Regeneration Bill in Committee, so that it might provide local communities with more effective means of redress, the Government were forced to go further late last year. The concession they made on Report, on 13 December, was to agree only in principle to introduce a discretionary registration scheme in England, and only by means of legislation that might come into force as late as autumn next year.

Subsequently urged to go further still by the Opposition—as well as, it must be said, many Government Members—Ministers have now committed, as we have heard, to consult on the introduction of a new planning use class for short-term lets. Let me be clear—here I address the point made by the hon. Member for Totnes—that the package currently on offer from the Government still falls short of the comprehensive suite of measures that we would like to see enacted at pace to tackle this problem. The Government remain opposed to, for example, the introduction of a discretionary licensing scheme of the kind we have proposed on numerous occasions, which we think would be the solution in many parts of the country dealing with particularly high concentrations.

None the less, we welcome the consultation on the new planning use class, just as we welcome the commitment to introduce a new discretionary registration scheme. However, as so often with this Government, where they propose to give with one hand, they plan to take away with the other. Because that new consultation, as the hon. Member mentioned at the outset, also invites views on introducing new permitted development rights that would make it easier to convert dwelling houses into short-term lets, with proposed article 4 direction protections applicable, according to the consultation, only in

“the smallest geographical area possible”.

I encourage hon. Members to go and see what investors are saying about that part of the consultation. They say they are happy with the consultation overall, because the inclusion of that provision makes it light touch, and will make it incredibly attractive and easy for investors to convert properties into short-term lets. I caution the Government about going down that route, not least because the consultation makes clear that what they propose in that expansion of permitted development rights would not be subject to any limitations or conditions, and would apply in national parks and areas of outstanding natural beauty. I want to put on record the Opposition’s serious concerns about the implications of expanding permitted development rights in that way and our intention to scrutinise extremely carefully any measures that the Government might ultimately decide to bring forward in this area.

The more fundamental issue is the frankly glacial pace of the Government’s overall response to the challenges posed to communities across the country by the surge in short-term holiday lets. For many English communities, particularly those with extremely high concentrations of such lets, it is not hyperbole to argue that those challenges are existential, entailing as they do the loss of a significant proportion of the permanent population, as a result of local people simply being unable to find affordable local homes in which to live, and diminished local services and amenities, whether that be local schools, transport links or local small businesses, for those who manage to hang on.

It is not good enough for Ministers to tell those communities that they may be able to establish a registration scheme to gather information about short-term lets at some point next year, if and when the Levelling-up and Regeneration Bill receives Royal Assent, or that they may be able to control the numbers of such properties by means of a new planning use class, at some point in the coming years, if appropriate regulations emerge from the current consultation. Those communities need a response commensurate with the scale of the challenge they face, and they need it urgently.

We urge the Government, not only to rethink the potential further expansion of permitted development rights, as set out in the consultation now under way, but to accelerate the introduction of the discretionary registration scheme, to which they are committed, to legislate for the introduction of a new planning use class for short-term lets without delay, and to give serious consideration to other measures, whether on taxation or licensing, that will almost certainly still be required, so that the communities we have been discussing today will finally have the prospect of securing the full suite of planning and non-planning tools that they need to appropriately regulate the numbers of short-term holiday lets in their areas and manage their day-to-day impact. That is what a Labour Government would do, and it is what we need this Government to do.