Following a Section 5 referral An Bord Pleanála has determined that the use of an apartment in Dublin’s Temple Bar for short term holiday letting is development and is not exempt development. The board’s decision follows a similar conclusion reached by Dublin City Council on a Section 5 referral by third parties, opposed to the use of the apartment for short term holiday letting. Both the City Council and An Bord Pleanála concluded that the use of the apartment for short term holiday lettings amounted to a material change of use which was not deemed to be exempt development.
A section 5 determination by An Bord Pleanála only related to the specific circumstance of the case subject to the referral. However, it will undoubtedly give rise to Section 5 referrals, particularly in cases where permanent residents feel that short term holiday lettings of other properties in their neighbourhood is impacting on the enjoyment and amenities of their homes.