Q&As

If planning permission for a house imposes a holiday-let condition that the house cannot be occupied for more than 30 days in succession, is the house considered a dwelling so that it can benefit from permitted development rights which attach to dwellings?

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Published on LexisPSL on 06/07/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • If planning permission for a house imposes a holiday-let condition that the house cannot be occupied for more than 30 days in succession, is the house considered a dwelling so that it can benefit from permitted development rights which attach to dwellings?

Whether a house which has a holiday let condition attached is treated as being a dwelling within use class C3 (use as a private dwelling house), so that it benefits from permitted development rights attaching to buildings in C3 use, or short-term holiday accommodation constituting a sui generis use, is a matter of fact and degree.

In England, C3 use is defined in the Town and Country Planning (Use Classes) Order 1987 as:

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