Development & Planning Authority - P.2021/4
The States are asked to decide:-
Whether, after consideration of the "Temporary Exemption from Requirement for Planning Permission for Certain Changes of Use of Visitor Accommodation" policy letter dated 11th January 2021 they are of the opinion:-
1. To agree that -
(a) a change of use of visitor accommodation from a use within use class 7 or 8 of the Land Planning and Development (Use Classes) Ordinance, 2017 to a use within residential use classes 1, 2 or 5 in that Ordinance, which took place or will take place between the 25th March, 2020 and the 31st December, 2021 inclusive, is temporarily exempted from the requirement for planning permission subject to specified conditions being met including that the use reverts back to its previous lawful visitor accommodation use prior to 25th March, 2020 by the 31st January, 2022, and
(b) a change of use back to the lawful visitor accommodation use prior to the 25th March, 2020, in compliance with the proposed exemption in paragraph (a), is also exempted from the requirement for planning permission,
as set out in paragraphs 6.1 to 6.6 of the policy letter.
2. To agree that the planning legislation is modified so that the period during which the temporary exemption runs, for certain changes of use of visitor accommodation, is disregarded for the purpose of calculating the period within which a planning compliance notice may be issued, where there is a breach of planning control, as set out in paragraph 6.7 and 6.8 of the policy letter.
3. To agree that an owner or occupier of non-serviced visitor accommodation which is being used legally as a winter let between November and March in a twelve month period must notify the Development & Planning Authority in writing of the commencement of such use within 21 days of the use first occurring in each winter let period as set out in paragraphs 6.9 and 6.10 of the policy letter.
4. To direct the preparation of such legislation as may be necessary to give effect to the above decisions.
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.