Short-term Holiday Lets: Planning

Debate between Kevin Foster and Caroline Dinenage

Tuesday 23rd May 2023 Westminster Hall

[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.

Mental Capacity (Amendment) Bill [Lords]

Debate between Kevin Foster and Caroline Dinenage

Ping Pong: House of Commons
Tuesday 2nd April 2019 Commons Chamber

[Caroline Dinenage]

My hon. Friend makes an incredibly important point. This issue has been a huge burden for local authorities: they have had to carry out multiple deprivation of liberty safeguards often for the same people and often when those people move from one setting to another. That involves a huge amount of bureaucracy and does not offer any better protection for the individuals concerned. The new service will enable local authorities to do this in a much more streamlined and efficient way. It will save them money and, at the same time, offer better protection for the individuals about whom we all care.

Lords amendment 1B was tabled by Baroness Tyler of Enfield to set out the meaning of a deprivation of liberty positively, rather than by using the exclusionary approach set out by the Government. Noble lords are, of course, absolutely right to want to ensure that any definition is understood by people and practitioners. However, a positive definition of a deprivation of liberty is likely to be subject to a legal challenge as article 5 case law evolves, and it would become unfit for purpose incredibly quickly. This is a view not only shared by the Government, but highlighted beautifully in the other place by the esteemed legal experts Lord Mackay and Lord Hope.

Lords amendment 1B does not link the definition of a deprivation of liberty to article 5 of the European convention on human rights, so creating a risk of the definition set out in statute diverging from the convention. This would mean that people who fall outside Parliament’s concept of deprivation of liberty but within the article 5 definition could not have their deprivation of liberty authorised under the Mental Capacity Act 2005. For those people, only the High Court would be available to authorise such a deprivation of liberty, which, in turn, would give rise to excessive delays in accessing vital safeguards.

That is precisely the situation that this piece of legislation looks to address—there are already too many people subject to delays when accessing safeguards, and we cannot introduce a provision that would further risk this.

Given that the Government have these concerns, we cannot agree with the noble lords in their amendment 1B. However, we know that concerns in the other place are reflected by many across the sector and we have taken that on board. We have listened carefully to the views of MPs, peers and other stakeholders and decided not to insist on amendment 1. Instead, I propose that the meaning of a deprivation of liberty will still be as defined under article 5 of the convention, as it is under section 64(5) of the Mental Capacity Act, but there will not be a clarification of the meaning of a deprivation of liberty in the Bill. The Bill will work alongside the rest of the Mental Capacity Act, so it does not impact on the existing definition.

I reassure the House that the Government are still absolutely committed to providing clarification regarding the meaning of a deprivation of liberty for both people and practitioners. We will use the code of practice to lay out in very clear terms and provide details of when a deprivation of liberty is and is not occurring, and this guidance will reflect existing case law. We will set out the meaning of a deprivation of liberty in a positive framing and in a way that is clearer for people and practitioners. We will also include case studies in the code to help bring this to life. Government amendment (a) in lieu of Lords amendment 1B will prescribe that the code of practice must contain guidance on what kind of arrangements amount to a deprivation of liberty.

[Kevin Foster (Torbay) (Con)]

I thank the Minister for giving way and I am reassured by what she says. It would not be appropriate, for example, to put case studies on the front of a piece of primary legislation. Will she outline the timescale for bringing that code of practice forward?

Assessment and Treatment Units: Vulnerable People

Debate between Kevin Foster and Caroline Dinenage

Tuesday 6th November 2018 Commons Chamber

[Caroline Dinenage]

NHS England transferred over £50 million up front to CCGs that are closing beds over the course of the financial year, so that they can invest in community alternatives. In addition, between 2015 and March 2019 it will invest another £50 million in transforming funding to put in place things such as the much needed crisis prevention teams, which are focused on supporting children in the community.

[Kevin Foster (Torbay) (Con)]

The number of people with learning disabilities and autism in secure mental health hospitals is unacceptable and I welcome the commitment to reduce it. Can the Minister confirm exactly how she will monitor that and keep the House updated on progress?

[Caroline Dinenage]

That is the thrust of the whole transforming care and building the right support programme. We know that in some cases during the course of the programme people who have left residential units and gone into the community have gone back in to the units again. We have to keep a very close eye on the figures and ensure that the right package of support and care is provided so that once people leave a secure unit and go into the community, they are able to stay there.

Learning Disabilities Mortality Review

Debate between Kevin Foster and Caroline Dinenage

Tuesday 8th May 2018 Commons Chamber

[Caroline Dinenage]

The hon. Lady is right to raise that, but I will point out that we commissioned the review to examine the situation. We are not running away from our responsibilities; we are standing up and facing them. We are allowing them to be entirely transparent and out there in the public domain for people to judge. The deaths that the report covered come from the period starting July 2016, so they are historical, but it is important that they are examined. The hon. Lady is right to mention the issue of the commissioner, and I will look at that.

[Kevin Foster (Torbay) (Con)]

While the review’s conclusions make difficult reading in some ways, it is welcome that it happened, given that it is a world first and that it gives us the chance to have this discussion. What work will be done with councils and other third sector partners on taking away some of the lessons that can be learned from the review?

[Caroline Dinenage]

My hon. Friend is right to say that this is the first time in the world that such a review has been done. We are the first to have a learning from deaths programme and a Healthcare Safety Investigation Branch, so we take such things incredibly seriously. The whole point of the learning disabilities mortality reviews is that the information will be disseminated to local trusts so that they can make plans to avoid such disastrous, tragic incidents happening in the future.

Oral Answers to Questions

Debate between Kevin Foster and Caroline Dinenage

Thursday 2nd February 2017 Commons Chamber

[Kevin Foster (Torbay) (Con)]

6. What progress the Government is making on reviewing the Gender Recognition Act 2004 and the process relating to gender recognition certificates.

[The Parliamentary Under-Secretary of State for Women and Equalities (Caroline Dinenage)]

The Government are continuing our work on our commitment to review the Gender Recognition Act 2004. We have begun stakeholder engagement programmes to look at how the gender recognition process can be improved, as well as looking carefully at international comparisons. We will provide an update later this year.

[Kevin Foster]

I thank the Minister for her answer. My constituent Rebecca Cook applied for a gender recognition certificate, but her application was rejected on the basis that the statutory declaration was more than six months old and she

“may have changed her mind.”

Given that the statutory declaration is a lifetime declaration, will the Minister confirm that the six-month time limit will be reviewed as part of the overall legislative review?

[Caroline Dinenage]

I am really sorry to hear that my hon. Friend’s constituent has encountered those difficulties, and he is absolutely right to bring that kind of case to the House today. We have committed to review, streamline and demedicalise the gender recognition process, and we will certainly consider evidence of any administrative barriers to people gaining the legal gender recognition that they want.

Oral Answers to Questions

Debate between Kevin Foster and Caroline Dinenage

Tuesday 26th January 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

We are very clear about the fact that what happened at Emstrey—and, sadly, at other crematoriums in England and Wales—must never happen again. In December, as the hon. Lady will know, we launched a consultation which will end in March. However, I shall be more than happy to make that representation on her behalf.

[Kevin Foster (Torbay) (Con)]

rose—