“Possibly because of the increasing impact of the Government’s COVID-19 restrictions on the rural economy, we have had a number of enquiries recently from owners of holiday accommodation who wish to establish whether they can remove a holiday use occupancy restriction from properties they own”, says Mark Sanders of Acorn Rural Property Consultants.
“Holiday occupancy restrictions are usually secured by planning conditions. All planning conditions must comply with what are referred to in the National Planning Policy Framework and in National Planning Policy Guidance as the 6 tests. The wording used to impose holiday occupancy conditions is often different across different Local Planning Authorities (LPAs). The wording of a planning condition that has been commonly used by some LPAs to restrict use solely to holiday accommodation, has been determined in a planning appeal decision in 2017 not to comply with the 6 tests. In the appeal case, which concerned a property near Newton Abbott, the planning inspector removed the condition with the effect that the property could be used for an unrestricted residential use”, advises Sanders.
“From our own research, we are aware that there are potentially a significant number of properties across the South West (and further afield) where the wording that has been used by some LPAs to restrict occupation solely to holiday use is the same as or very similar to the wording that was found in the appeal case not to comply with the 6 tests. Although all cases turn on their own facts, it is possible that the same considerations that applied in the appeal case would apply to other properties where the same wording has been used and, where that is the case, an application to the LPA to remove the occupancy condition may be successful”, concludes Sanders.
For further information please contact Acorn Rural Property Consultants on 01884 212380
On 1 August 2021, a new permitted development right (PDR), Class MA, will take effect that will allow the...Continue Reading...