Short-term Holiday Lets: Planning

Kevin Foster Excerpts

Tuesday 23rd May 2023 Westminster Hall

[Kevin Foster (Torbay) (Con)]

I beg to move,

That this House has considered short-term holiday lets and the planning system.

Let me start by thanking my colleagues on the Backbench Business Committee for agreeing to schedule the debate and the Members from across the House who agreed to support my application. I also want to thank Parliament’s participation and digital teams, who helped to ensure that those who signed relevant petitions were aware of the debate and helped to gather evidence of the impact of the issue across the UK.

The issues with our housing supply do not have any simple resolution or magic bullet solution. Many factors need to be considered and approaches need to be taken, including reform of our planning system to ensure we can deliver a relentless focus on regenerating brownfield sites and our town centres. The subject of today’s debate—planning—would not on its own resolve the pressures on housing in coastal areas such as Torbay. I will not argue that we should use changes to the planning system to ban all new short-term holiday lets, yet changes in that specific area could make a real difference and the issue needs to be addressed, not least to give confidence to local authorities when granting planning permission for new housing in popular areas for tourism such as Devon and Cornwall. It would mean new homes would become available rather than new holiday accommodation.

The focus for today is on how we can create a planning system that gives local communities the ability to strike the right balance between opportunities to create different accommodation options for tourists and ensuring there is a supply of housing for the local community, which is vital in providing the staff and services to support the visitor economy without which the tourism short lets would not exist.

[Selaine Saxby (North Devon) (Con)]

Does my hon. Friend agree that in addition to the work within the Department it is vital that the Treasury looks to rebalance the tax inequalities between long-term and short-term rental if we are to secure places for people to live in our beautiful constituencies?

[Kevin Foster]

My hon. Friend is absolutely right to highlight that. A range of factors go into the pressures that push some landlords from long-term residential lets to short-term holiday lets. Factors include the system of taxation and whatever wider regulation is in place for landlords. We might also consider what incentives we can provide for people to build to rent. If a company builds a property specifically to rent it as a home, they are likely to offer longer-term tenancies and the landlord is highly unlikely to want to move back into the property, which is one reason why a residential tenancy might come to an end. My hon. Friend is right to highlight that the issue is part of a wider debate about how we ensure there is an adequate supply of housing in our constituencies so that organisations such as the NHS can recruit staff. We have reflected on that issue before. If people cannot find somewhere to live in the local area, clearly they will not take up jobs in that area. That goes to the heart of the debate.

To expand my argument I should define what I mean by a short-term holiday let. The term “short-term letting” is most commonly used to refer to the offering of residential accommodation to paying guests. It can include single rooms within a shared premises or the letting of an entire premises such as a house or flat. Short-term lettings are distinct from private residential tenancies because they do not require the occupier to treat the property or part of it as their principal home. They are also distinct from other forms of guest accommodation such as hotels or hostels as the lettings are in premises that could or would otherwise be used as a permanent residence—in essence, a home.

There is evidence that the number of short-term lettings in England has increased significantly in recent years, particularly because of the development and growth of the sharing economy and peer-to-peer accommodation services such as Airbnb. Those online platforms essentially provide marketplaces that connect people who want to rent out their properties or spare rooms with people seeking short-term accommodation.

[Daisy Cooper (St Albans) (LD)]

I am grateful to the hon. Member for making those points and for giving way. He will be aware that platforms such as Airbnb have been calling for a register of short-term lets for a long time. Does he agree that a register is precisely what the industry wants because that would allow it effectively to nick properties from other platforms? However, what communities need is their local planning authorities to have the powers to decide on the number of short-term lets and whether to renew licences when there has been antisocial behaviour.

[Kevin Foster]

First, I would gently point out that the debate is focusing on the planning system and giving local councils the ability to prevent overconcentration in particular areas, as well as having an eye to the wider housing situation when deciding whether a property should be converted.

On the allied issue of putting a registration system in place, my own tourism industry would like to see that, and having a register of properties being used for this purpose would make it easier to do certain compliance checks. If people were in breach of lease obligations, whereby they might not be allowed to sub-let a property by the freeholder, that would be highlighted.

A register needs to be seen as part of a range of measures, but it is worth noting that a wider regulatory system would be introduced once there was a register of such properties. Today, however, the focus is clearly on the planning system and how we could empower local authorities on behalf of their local communities to shape the housing market in this area to ensure that we do not see streets that should be providing residential homes becoming holiday parks.

Owing to the issues with registration, or the lack of registration, it is hard to get exact numbers for the properties involved. However, I note the report by Alma Economics commissioned by the Department for Digital, Culture, Media and Sport to analyse the results of its recent consultation on developing a tourist accommodation registration scheme in England. The report concludes that although there is no single source of data on short-term lets in England “one plausible estimate” is 257,000 properties in 2022.

Another piece of analysis, which was undertaken by the charity CPRE—the Campaign to Protect Rural England—looked at property data collected by AirDNA on Airbnb and similar platforms, and estimated that 148,000 properties in England were being used for short-term lettings in September 2021. That analysis points to what makes this a core issue for those of us lucky enough to represent beautiful parts of our United Kingdom such as Torbay, where tourism is one of the main drivers of our economy owing to its concentration in the area.

Further analysis from CPRE confirms that some areas have seen a dramatic increase in short-term lettings in recent years. For example, in Cornwall, short-term listings increased by 661% in the five years to September 2021. While Airbnb is one of several providers of listings of short-term lets, it is the best known company operating in this area and is generally held to be leading the market, with its name becoming synonymous with such activity.

[Richard Foord (Tiverton and Honiton) (LD)]

Will the hon. Member give way?

[Kevin Foster]

I am going to make progress because I want to give other Members the chance to speak.

Let me put a scale on the activity: analysis by financial services company Moore Stephens suggests that in 2018 Airbnb was about a third of the size of the hotel sector in London. Discussion on the growth of short-term lettings tends to focus on Airbnb, so there has been much analysis of its numbers in particular locations, but that still does not capture the whole picture. Hence the need for a registration scheme.

I welcome innovation in our tourism industry, and I recognise that Airbnb has met a demand for a different type of accommodation offer, which visitors are looking for. Previous generations developed new offers for visitors, such as holiday parks that could offer a package deal to workers who, between the wars, were able to take paid holiday leave for the first time. That followed the innovations of Victorian pioneers, who used the ability to travel created by the railways to build mass market tourism, which prompted the dramatic expansion of many coastal resorts, including Paignton and Torquay. The outcome of the debate should not be us concluding that we should seek to end such use; it must be that a balance needs to be struck, and that powers need to be created to achieve that balance in areas where large numbers of such properties already exist, and local housing supply is constrained.

We should not start by assuming that a property listed as a short-term holiday let would otherwise be a family home. Caravans, feature properties and specially built holiday accommodation centred around an owner’s residence, such as a block of small holiday cottages on a farm or hotel site, or in the grounds of another property, are unlikely to be available to rent more generally, but there are growing signs that property owners have moved to end the use as homes of properties that were built as and intended to be residential housing, in some cases evicting families to do so.

In my local surgeries, I have seen cases of that nature, and Torbay Council often has to try to find a solution at the public expense. I also note the examples highlighted as part of the survey conducted with the aid of the parliamentary engagement team, which saw 188 people get in touch. Many of the replies were from the south-west, including one from Martin, a constituent of mine. He stated:

“If you complete a search for short term holiday lets in Torbay, you now get 1,000+ returns. This is an increase of over 500 in just a 2-year period. This is a significant reduction in the availability of private rented accommodation in the Bay, causing rentals to jump in cost, and some residents to become homeless at the end of their tenancy.”

There is also Terry, who stated:

“Short-term holiday lets have had a catastrophic impact on housing availability...Post-covid the housing dynamic in my town changed as many private landlords sought to capitalise on a thriving holiday market and flipped their private rents to holiday lets. This meant a flurry of Section 21 notices with no alternative private tenancies available.”

Then there is Mark, who stated that he represents a local campaigning group:

“We are not against holiday lets; many of our members work within the industry. What we want is to give our local council the powers to balance the needs of the economics of tourism with the basic human need of local families to have a safe, affordable place to live”.

I appreciate that the practice brings greater reward for some property owners, but unchecked growth and overconcentration create a danger of undermining the very tourism sector that makes it possible.

There is not just a moral case for preventing families being made homeless to create new tourism accommodation, but a pressing economic one. Tourism relies on many key workers; without them, it cannot function. Similarly, tourism relies on a range of other services to support it, including health, retail and transport. If workers in those sectors cannot access a home in the area concerned at a price at which they can afford to rent or buy, it inevitably creates recruitment issues.

I accept the argument that a key part of tackling the problem is ensuring that a supply of new homes is created in the community concerned. I have spoken before about the poor record on delivering affordable housing of the Lib Dem-independent coalition that ran Torbay Council until the recent elections, and it will not be alone. Preventing more existing properties from being converted into short-term lets will not create the new ones needed, but that will take time while the impact of conversion is immediate. It is also not unprecedented to restrict types of uses in some locations. Houses in multiple occupation—HIMOs—are a useful part of our housing supply mix, yet we rightly allow councils to limit their numbers in specific locations to ensure that an excess concentration does not create serious issues for a specific community.

Many of the problems cited in areas where there are large numbers of short-term holiday lets sound similar to those with HIMOs. Impacts may include noise disturbance, antisocial behaviour, inappropriate disposal of food waste and general refuse, and reduced security. For example, the Greater London Authority reports that in the five London boroughs with the most Airbnb listings—Camden, Kensington and Chelsea, Southwark, Tower Hamlets and Westminster—there have been numerous complaints related to short-term letting activity, with Westminster reporting 194 complaints regarding noise, waste and antisocial behaviour in one year.

There are also issues with health and safety, along with fire regulations. Bitter past experience, including deaths in hotel and guest house fires, has led to a system of protections being put in place, yet there are concerns that the type of protections at a small guest house may not be replicated at a large property being used as a short-term holiday let. Such matters could be dealt with through registration, which means that compliance inspections can be made, yet they could also be helped with by ensuring that planning permission is sought before conversion to such use. There are also tax and business rates issues, but those are matters for another debate; our focus today is on the planning system.

Given the impacts, I was pleased when the Government honoured the commitment they gave to those of us who signed an amendment calling for change during the passage of the Levelling-up and Regeneration Bill by launching a consultation on planning measures to give local authorities greater control over the number of short-term lettings in their area when that is an issue. The proposals include creating a new use class for short-term holiday lets to distinguish them from dwelling houses—a key point in dealing with the issue—and introducing permitted development rights for dwelling house to short-term holiday let conversions and vice versa so that planning permission would usually not be required for those changes. Crucially, they also include giving local planning authorities the option to revoke the permitted development rights in their area using an article 4 direction. I am aware that the consultation closes on 7 June, and I encourage all those with an interest in the matter to take part.

I appreciate that my hon. Friend the Minister will not be able to pre-judge the consultation, but she will know that there is a danger that if there is a protracted period of time between the announcement of the Government’s intention to change the system and their actually doing so property owners could seek to beat the deadline, exacerbating the issue that we seek to control. First, can she assure me that if the Secretary of State concludes changes should be made, she has engaged with local authorities about how quickly they can be implemented? Secondly, what thought has she given to ensuring that the outcome is not a closing-down sale, with a rush to convert before the new rules apply? Thirdly, has she ensured a slot has been secured for any legislative change? Fourthly, although I appreciate the need for consistency in standards and the application of terms, will she ensure that councils can set a policy in all or part of their areas, depending on local circumstances?

An appropriate level of short-term lets can create choice and attract visitors, yet families being evicted from their homes to create holiday accommodation is unacceptable. Requiring planning permission would give local authorities an opportunity to decide the right balance in their area while protecting family homes and giving those deciding on planning permission confidence that new housing developments cannot become a new holiday park. The current position is not sustainable; key workers are being priced out, and the very industry the properties rely on—tourism—is being damaged. It is vital that change comes, and I hope it comes quickly.

[Dame Caroline Dinenage (in the Chair)]

It does not take a rocket scientist to figure out that quite a few Members wish to speak. I will start to call Front-Bench spokespeople around 10.28 am. We are looking at a guideline of five minutes each. I will not impose it, but I prevail on Members to use their discretion in keeping to that time.

--- Later in debate ---

[Kevin Foster]

It has been a very worthwhile and enjoyable debate, with colleagues from across Devon and Cornwall making points. Cornish colleagues may not know the right way to do a scone, but they do know the right way to argue in this debate. It would be remiss of me to take all the credit for the recent local election result, given that I work very closely with my hon. Friend the Member for Totnes (Anthony Mangnall), part of whose patch covers the Torbay unitary authority area where we were pleased to say goodbye to some independents who were not very independent.

Members have rightly highlighted the challenges around short-term lets and the impact the issue is having on communities. While I hear the Minister say that we do not want unintended consequences, there is already a model north of the border that can be looked at, as highlighted by the hon. and learned Member for Edinburgh South West (Joanna Cherry). That allows us to see what can happen and what the early and emerging issues are with implementation. There is something already in operation within the United Kingdom that I urge the Government to look closely at, which gives some precedent to how a system would operate across England if applied following the consultation.

It has been a welcome debate, but there is an urgent need to take action. My call to the Government is that, while I appreciate that things need to be considered, when I was a Minister I learned how due consideration can become a slightly too lengthy process. It is something that needs to be thought through when it is implemented, but let us ensure that we are thinking clearly about how the length of time that this takes will have an impact. We must avoid a closing down sale effect if we do not get on with implementing what has been proposed. I am grateful to Members for their contributions, and for their support for the arguments made.

Question put and agreed to.

Resolved,

That this House has considered short-term holiday lets and the planning system.