Definition of "Holiday" Apartments

Definition of "Holiday" Apartments

Postby Lobby » Tue Apr 13, 2010 11:42 am

Hi,

I'm looking at a planning permission for a number of apartment units. Briefly, the planning granted states on the cover page of the grant to be for "holiday apartments", however no further mention is made of this description within the grant of planning nor are any restrictions listed in the conditions (e.g. short term letting only)

I can find no reference anywhere to a legal definition of "holiday apartments" under Irish planning laws/regulations.

Does this have an impact on the usage of the units? Specifically, I'm looking at the potential valuation issues associated with any restrictions placed on the usage.
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Re: Definition of "Holiday" Apartments

Postby wearnicehats » Tue Apr 13, 2010 2:09 pm

Lobby wrote:Hi,

I'm looking at a planning permission for a number of apartment units. Briefly, the planning granted states on the cover page of the grant to be for "holiday apartments", however no further mention is made of this description within the grant of planning nor are any restrictions listed in the conditions (e.g. short term letting only)

I can find no reference anywhere to a legal definition of "holiday apartments" under Irish planning laws/regulations.

Does this have an impact on the usage of the units? Specifically, I'm looking at the potential valuation issues associated with any restrictions placed on the usage.


you'll usually find it mentioned / defined in the areas Development Plan eg Donegal describes holiday accommodation as

‘A secondary place of residence that does not form a principal and main residence.
This excludes second homes occupied on an intermittent basis by persons who are
returning emigrants’.
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Re: Definition of "Holiday" Apartments

Postby onq » Tue Apr 13, 2010 2:36 pm

You should engage with the local authority planning officer and inquire about their status a homes as well as the prevalence of any applications / permissions showing the willingness or otherwise of the Council to considering converting them to "full residential" - or however this is termed under the relevant development plan or local area plan.

If this is considered to amount to an intensification of use, there may be traffic issues and drainage provisions that will come into play in terms of the infrastructure and you might find you could be levied again on application for the increased usage if there was a difference in levies between holiday homes and private residences.

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Re: Definition of "Holiday" Apartments

Postby Lobby » Tue Apr 13, 2010 2:36 pm

Thanks, but I'm referring to a development of "holiday apartments" within a town, on the grounds of a hotel rather than a one off rural holiday home.

I've gone back to the county plan for 2003 (applicable date is 2001) and there's no definition for a holiday home, so I'm assuming there wasn't one in the 1997 plan either.

I suppose my question is, what is the impact of having planning granted for something called "holiday apartments" on the cover page of a grant of PP, but it has no further conditions imposed with the grant - or - without specific restrictions on usage listed, can any restrictions be implied (short term lettings)?
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Re: Definition of "Holiday" Apartments

Postby onq » Tue Apr 13, 2010 2:40 pm

As I said Lobby, talk to the planners.

I don't think anyone on archiseek could give you a definitive reply.

Planners are the ones who'll take enforcement action is the merde hits the fan.

In terms of an investment of that size, one phone call seems to me to be well worth it.

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Re: Definition of "Holiday" Apartments

Postby saintleger » Tue Apr 13, 2010 4:56 pm

Lobby wrote:I suppose my question is, what is the impact of having planning granted for something called "holiday apartments" on the cover page of a grant of PP, but it has no further conditions imposed with the grant - or - without specific restrictions on usage listed, can any restrictions be implied (short term lettings)?


This is a really obvious question, but have you checked what information went in with the application? You know that standard condition that makes your eyes glaze over, "the development shall be carried out in accordance with the plans, particulars and specifications lodged with the application etc etc". The developer may have given assurances/descriptions of what constitutes a holiday apartment in an accompanying report or cover letter, and the permission would be presumed to be bound by this, notwithstanding the lack of a stated conditon.
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