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SOCIAL BOOKMARKS

Student apartment owner cannot engage in year-round short-term letting

THE owner of student accommodation on the Western Road will not be allowed to let apartments on a short-term, year-round basis An Bord Pleanála has ruled.

The Irish Hotels Federation had referred to the planning authority to decide if year-round short-term letting at Amnis House constitutes development and if lettings outside of student accommodation required planning permission for a change of use for the property.

Planning permission for the development had been subject to conditions that it would only be used for student accommodation.

The property on the Western Road had been advertised on bookings.com according to documents forwarded to An Bord Pleanála.

The report stated that the referrer had become aware of short-term letting and had asked Cork City Council to decide the matter before it was referred to An Bord Pleanála.

“As of June 2019, the referrer advises that Amnis House is being advertised for short term lets on booking.com and expedia.com, i.e. 3 room types: double bed en-suite and four-bed and six-bed apartments. The former website indicates that it has been welcoming guests to this House since February and the latter website indicates that it is available between 31st May and 26th August annually as an apart-hotel."

Inspector Hugh D. Morrison stated in his report that the use of the building for short-term letting outside the academic term times did not take place year-round and only outside the academic terms of third level educational institutions in the city and is "not development".

“Given my foregoing conclusion that development has not occurred the question of exempted development does not arise,” he stated.

The board considered the matter and has decided that the use of the building for year-round, short-term letting is development and requires planning permission but tourist bookings outside of term times do not contravene planning conditions.

It said: "It is considered that the use of the subject premises for short-term letting as tourist or visitor accommodation, where such use takes place solely outside of academic term times, would be consistent with the authorised use of these premises and within the scope of the definition of 'student accommodation'...and, therefore, would not represent a change of use from the authorised use, and would not be development."