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Alister Smith BSc (Hons) PGDip MRICS, professional partner and head of Stags planning and design highlights some potential planning system considerations for holiday complex owners.
Preparing to buy or sell a holiday complex or other similar holiday business property is often a little more complex than simpler property transactions. Whichever side of a transaction you are on planning matters can often be a potential concern and, for many, the planning system can appear very opaque. However, with a few simple considerations and the right advice there are often solutions to problems and this article sets out some key considerations which may help demystify many common queries.
In the first instance it is important to note that ‘development’ needs planning permission. Building operations and material changes of use of land and buildings are common forms of development. Physical works within a building do not generally require planning consent, though if the property is listed then Listed Building Consent would be required.
A number of types of development can be covered by permitted development rights (PD), which are in effect blanket planning permission to reduce the need for express consent for simpler projects. It is always worth seeing if PD rights cover matters as a starting point, especially for simpler works.
Assuming that PD does not cover the development in question then an express consent is needed and the starting point for a decision is the local plan for the area along with any other material considerations, which can include a wide range of factors but typically includes aspects such as; ecological impacts, highways safety, etc.
One useful tip for those with diverse property such as many holiday accommodation properties is that some of the uses onsite may be ancillary to the existing main use. Therefore, there are cases where a material change of use is not engaged even if part of a site is repurposed. As an example, this might be where an existing games room is repurposed to an onsite laundry room for use by guests. The use would remain ancillary and, if no physical works are needed or no condition exists limiting use, then typically consent would not be needed.
There are occasions where development requires planning consent but it has not been sought. In such cases, after a period of 10 years, if action has not been taken then immunity from enforcement action exists by virtue of the passing of time. It is worth noting that for some development types started before the 25th April 2024 a 4-year immunity period may apply instead. In cases where an express consent does not exist but should have been obtained then, provided the development is now immune, a Certificate of Lawfulness can be obtained to demonstrate that no further consent is required. Such certificates can be a useful tool for both buyers and sellers to give clarity over whether any risks of enforcement action exist.
The planning system has evolved over time especially with regard to planning policy and therefore developments that were once considered not acceptable might now be acceptable and it can be worth re-appraising matters. A good example of this is where barn conversions were once only allowed provided they were restricted to holiday use alone but now an unrestricted use would be permitted. This has opened the door to removing historic restrictions in some cases. Even if there is no desire to cease holiday use having increased flexibility is an attractive prospect in many cases.
There will of course be cases where there is no simple solution and taking the right advice is key in such cases. Stags have a dedicated Planning and Design team who can collaborate with our Holiday Complex department, in order to assist you with all planning matters.
For more information on planning, contact one of our knowledgeable members of staff at 01392 439046 or [email protected]
