The owner of a holiday let in the heart of Brighton’s North Laine has cited a successful planning appeal against a refusal for another holiday home.
KDS Developments, owned by Darren and Kevin Short, has let out 42 Tidy Street to tourists for about 18 months, before which it was an HMO.
Brighton and Hove City Council’s policy is to resist any loss of residential accommodation with a few exceptions, one of which is the previous use of the property.
Another holiday home operator, Carolyn Goodman, successfully appealed a refusal of planning permission on the basis it had been used in that way for more than four years.
This appeal ruling is included in KDS’s application for their Tidy Street house.
However, the council has subsequently refused permission for another holiday let in Marlborough Mews which had only been used in that way for just over two years.
The Tidy Street application, written by Lewis and Co, says: “The local planning authority will note the evidence … showing since August 2024 the property has been rated as a ‘self catering holiday unit and premises.’
“In this case, the continuous operation of the house as a holiday let for at least 18 months, the business rates assessment and the council’s awareness of the use for short term holiday let since 2024 demonstrate the exception is engaged.
“As a result while the lawful planning use was residential dwelling, there is now unacceptable conflict with [the policy].”
It says a management plan would be drawn up to cover guest behaviour, check-in procedures, wate management, noise mitigation and emergency contact arrangements.
All AirBnBs in Brighton that occupy whole properties are breaching planning law if they do not have a consistent trading history of 10 years or over. Use of a residential property as an AirBnB is a breach of Policy DM2 of the Brighton and Hove City Plan Part Two. This states that all properties must remain in residential use and running an AirBnB a breach of this in planing law and has been determined by the high court. Any property lawyer will confirm this. No idea why the people that own this property are wasting thousands of pounds on planning consultants who will have no doubt told them the same thing. If you are living next to an AirBnB that is causing you disturbance the link to report is https://www.brighton-hove.gov.uk/planning/planning-enforcement
Interesting claim. I read into DM2 as a result, because I’d be keen to have this as a tool if it were accurate. Unfortunately, it doesn’t appear to be the case. DM2 aims to resist the loss of residential accommodation, having a consistent trading history is not mentioned at all, and logically, that makes no sense either.
I’d be interested in learning your source on this claim, and if you could point me towards previous specific case determinations as well, that would be great.
https://www.brighton-hove.gov.uk/sites/default/files/2022-10/CPP2%20Adoption%20Version%20October%202022%20DIGITAL%20version_0.pdf
If a breach of planning law took place 10 years or more ago and was not hidden the council cannot prevent the change of use under what is known as a 10 year certificate of lawfulness. This is on the condition that the change of use was not hidden and was continuous with no breaks. So for instance if you turned your house into an Indian restaurant. Paid business rates and advertised it and the council did nothing about it for 10 year although this is a breach of planning policy locally the council cannot force you to get rid of your Indian restaurant. If however you pretended it was a residential house and just operated an Indian restaurant there the council can issue an enforcement notice and close you down. Or if they did this before ten years and they can also issue an enforcement notice and close you down as it is a breach of local planning law. This link is what you need to look at also. This is the judgement on 1 Marlborough Street. https://planningapps.brighton-hove.gov.uk/online-applications/files/347C679B8566DD829CE5DBBAD6D17F18/pdf/BH2025_01767-DECISION-20553254.pdf
Oh, you’re talking about the limitations of enforcement with CLEUDs, I’m with ya! Thank you for the link. There’s some additional nuance there, but it does make a push for the council to identify all Airbnb properties in Brighton, and ensure that they are actively enforcing things like business rates. There’s a 10-year countdown to do it!
People who operate these holiday let’s in breach of planning regulations should be fined above the total level of income derived.