Short-term Holiday Lets: Planning

Richard Foord Excerpts

Tuesday 23rd May 2023 Westminster Hall

[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.

--- Later in debate ---

[Simon Jupp (East Devon) (Con)]

I thank my hon. Friend the Member for Torbay (Kevin Foster) for securing this morning’s debate on short-term holiday lets and the planning system.

I represent a glorious part of the UK. It is understandable that many people want to visit East Devon year after year: we have the Jurassic coast, stunning food, rolling hills, country pubs, quaint bed and breakfasts, and historic attractions. Many jobs in our communities depend on visitors enjoying the variety and availability of accommodation options. Visitors, in turn, spend money locally year after year.

Homeowners benefit from the flexibility offered by short-term lets. For many, it is an important second income at a time of high inflation. However, the soaring numbers of short-term lets and second home ownership make it more difficult for so many local people to own a home of their own. I live in Sidmouth, where a glance at the estate agent’s window reveals the reality: local people are being priced out of the market. It is a similar story in Beer, Branscombe, Budleigh Salterton, Exmouth, Topsham and Seaton. Many local people find it increasingly difficult to get on the property ladder, given the high prices advertised. Homes are often being sold to cash buyers from elsewhere within days of being advertised.

I hope the key message of today’s debate will be that we need to get the balance right. Homes to buy and for long-term rent are out of reach for many people who grew up in Devon, like me, or who work locally or need the support of family to look after a loved one. Our country and our county need strong communities all year round, not places that are ghost towns half the year. What have the Government done, what will the Government do and where could the Government go further?

[Richard Foord]

Will the hon. Member give way?

[Simon Jupp]

I have a short speech, so I will make some progress.

The Government have been listening to the concerns of colleagues, particularly those who represent tourist hotspots in Devon, Cornwall, Norfolk, the Lake district and Yorkshire. There have been welcome measures. The Government have already introduced higher rates of stamp duty for additional properties. They have closed business rate loopholes. They plan to let local authorities double council tax on second homes, as has been mentioned. That is a great start, but more action is needed, specifically on short-term lets. That is why I welcome the introduction of a registration scheme through an amendment to the Levelling-up and Regeneration Bill, which will bring short-term lets up to a higher standard and provide much-needed data on activity in local areas.

This debate is timely, because the consultation on how the registration scheme will be administered is still open; it closes in roughly a fortnight. There are also plans to restrict the ways in which homes can be flipped into short-term lets by bringing in new permitted development rights for a change in use from a C3 dwelling house to a C5 short-term let. Councils would then have the option to limit the use of those permitted development rights, such as in certain geographical areas with the highest number of short-term lets. Let me tell you: East Devon is definitely one of those.

The consultation is running in parallel to the one on registration schemes, which also closes soon. It is right to give local councils all the tools they need. Those powers should not be mandated by Whitehall officials. Decisions will be made by local people elected at the ballot box. I hope that East Devon District Council will use the tools given to it by this Conservative Government.

Finally, there are areas in which the Government can go further. As I have mentioned before in Parliament, one policy could be to allow councils to reserve a percentage of new builds for people with a local family or economic connection to an area. For example, the purchaser or tenant could have to meet one of the following conditions: that they currently live or work within 25 miles of the property, that they were born within 25 miles of the property, or that they can demonstrate a care network within 25 miles of the property. A covenant would permanently protect a percentage of any new housing stock from short-term let or second home ownership. We undoubtedly need to build new homes in East Devon, but we should aim to look after locals first. The Government can be creative and proactive in looking at all possible options. Only then will there be a better balance.

Obviously there are two sides to this debate, and I do acknowledge that short-term holiday lets bring visitors to the places we love. Visitors contribute a great deal to our communities in East Devon, but their stay is often enjoyable only because of local workers behind the bar of a pub, in the kitchen of a restaurant or tapping on the till of a local high street shop. Those workers need somewhere to live, too. Our economy in East Devon would grind to a halt without them. We need a much better balance for our communities in East Devon for local people, now and for generations to come.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. I thank the hon. Member for Torbay (Kevin Foster) for setting the scene. He and I are good friends; we are always in debates together, and it is a pleasure to be in a debate that he has initiated. I acknowledge the massive difference in planning and procedure between Northern Ireland and his constituency, but the need is the same and the case must therefore be made for UK-wide reform.

I say this unashamedly: I am privileged to represent the most beautiful constituency in the United Kingdom, Strangford. No matter what other hon. Members may believe, that is an indisputable fact. With that knowledge comes a belief in what could be achieved if we utilise that potential through tourism. Tourism is a key economic driver for my constituency and we try to promote it wherever we can. We have everything you would need for a short or long break: matchless views, superior dining and coffee houses, outdoor activities, beautiful spas—the possibilities are endless. Indeed, I know that the Minister was suitably impressed when she and her husband visited last year for just a taste of what we have to offer. I know she cannot wait to get back once again and enjoy the wonderful times that she had there. I am not sure if the weather was good for her, but hopefully it was.

One of the results of covid and the escalating price of travel has been that people have remembered the beauty of staying and holidaying within their own nation. With that has come an increasing need for accommodation: many people are eschewing traditional hotels and choosing Airbnb lets where they can take pets and children and enjoy the experience of different surroundings, but put their children to bed and watch a film together in the evening, or leave the dog in the house and go for a walk.

It has become clear that demand for short-term lets far outstrips what is available. That is why I support the ability to build small lets in their beautiful country gardens, so that they can gain additional income and bring tourism to the area. I will give an example. I know of one such request, on the beautiful Portaferry Road in Newtownards, which is the most incredible stretch of road in the entire area. It is an area of outstanding natural beauty. I am privileged to live on the edge of Strangford lough, which is one of the UK’s largest sea loughs and one of the most important wildlife habitats anywhere in Europe. Strangford lough—one of only three marine nature reserves in the UK—is a water wildlife paradise. If people are lucky, they may spot seals, basking sharks or short-beaked common dolphins there—that is some of the marine biology we have there.

It is little wonder that one canny local realised that there was untapped potential for short-stay lets at Strangford lough. He drew up the plans, he made the business case and he put in the application. The planners turned down the application, saying that it was not a permitted development, and gave no thought to the tourism potential, which would have allowed the council to meet its tourism aims. I am thankful that good sense prevailed, and a wonderful councillor on the planning committee, Alderman Stephen McIlveen, was able to skilfully highlight the wrong decision, using the planning policy. The decision was overturned, and we now have a lovely Airbnb, which is in high demand, bringing money to the local economy. We need a UK-wide change of policy, so that weight must be given in decision making to the needs of the tourism industry. It should not simply be that permission can be given if the officer agrees.

[Richard Foord]

Is the hon. Member familiar with the concept of the digital nomad, and would he want them in his constituency? The digital nomad is somebody who has a first home, but can work elsewhere, in a second home. Unlike the traditional nomad, who moves seasonally, those people often have more than one home. Would he agree that local authorities ought to have regard to the concept of the digital nomad?

[Jim Shannon]

I agree. The thrust of the debate so far has been that councils should have a say on what happens. We all understand the need to protect beautiful areas in our countryside, but protecting does not mean abandoning. Tasteful, small accommodation can breathe life into villages and coffee shops; that must be taken into consideration, but in Northern Ireland, it is not the standard position, so there are some things we must change.

Although not every application enhances tourism potential, it is time for the House to make it clear that there should at least be consideration of the legislative aspect of this issue. I ask the Minister to ensure that devolved bodies throughout the United Kingdom follow that trajectory. We have the capacity to make the most of international city breaks and local holidays, but to achieve that we must sow into our facilities. A change to the law is necessary to do that. I know that the Minister understands the issues and will reply to everyone’s requests in a sympathetic way, thus getting the ball rolling in the House today.