COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE

Tuesday, June 13, 2017

MOTION NO. 13

MOTION: Councillor D. O'Donovan

"That the Chief Executive make a statement in relation to the latest An Bord Pleanla decision on short term lettings and how it affects the problem of multiple residency units being developed within housing estates within the Rathfarnham/Templeogue/Terenure area."

REPORT:

"An Bord Pleanála made a decision on short term letting under Section 5 of the Planning Acts relating to the short term letting of an apartment in Dublin City centre.   Section 5 is a procedure whereby it can be determined if particular work to a particular property is development, that requires planning permission or is exempted development. ‘Work’ in this context includes a material change of use. In the Dublin City centre case An Bord Pleanála determined that the exclusive use of the particular apartment for short-term letting did represent a material change of use from a private dwelling and that planning permission was required. The position of occasional short-term letting or part change of use is not addressed in the decision of An Bord Pleanála as this did not form part of the Section 5 determination. A distinction between a material change of use, an occasional change of use or a part change of use may have to be defined.

The Department of Housing, Planning, Community and Local Government in a statement following the An Bord Pleanála decision indicated that the matter of short-term letting of residential property would be addressed in forthcoming amending Planning Regulations. Such amending Planning Regulations are not yet available.

The letting of a room in a private dwelling is frequently associated with the “Rent-a-room tax relief scheme that makes it possible to earn tax-free rental income. It has not been established that availing of this scheme for a room in a dwelling requires planning permission. It is understood that a self-contained unit, such as a ‘granny’ flat or a converted garage attached to a home, can qualify for this tax relief. In South Dublin County is standard practice to attach a condition restricting a ‘granny’ flat from letting. However many garage conversions are exempt from planning permission, so no conditions on letting are imposed. Short term letting and the Rent-a-room tax relief scheme are part of the rapidly evolving on-line sharing economy. The forthcoming amending Planning Regulations may clarify the position on the matter."