Storeroom being used as residential premises

[Jim1859]

A local "Super Host" in our village (Horwich, near Bolton  UK, converted an old storeroom in a derelict building, called it a "cottage". and then let it out on AirBNB. The Planning application to Bolton Council for the conversion was refused TWICE. Planning issued an enforcement order for the conversion work to be un-done. She did not comply and lodged an appeal. The appeal was thrown out. But she still persists with letting it out.

Several local residents have alerted AirBNB to  the facts and supplied evidence of the enforcement order and the appeal rejection.

Bolton Council will now proceed to prosecute but the BIG question is why does AirBNB allow this listing to persist when the host is not complying with local and national regulations. And condoning the use of premises which are officially stated as being unsafe.

It is disgraceful!

[Gordon0]

There are seven million listings on Airbnb. It would be impossible to monitor this sort of number, especially as regulations differ from place to place, @Jim1859. Your beef is with Bolton council, and their inability to deal with the situation per the law. 

[Jim1859]

The beef is with AirBNB. because:-

a) I identified the particular property for them.

b) I provided them with the copies of the planning refusals

c) I provided copies of the enforcement order.

d) I provided copy of the rejection of the appeal.

e) I reminded them this that this represented non-compliance with local and national regulations which is a key part of the AirBNB terms.

f) Several other neighbours have done exactly the same.

On the other hand , Bolton Council have done it all promptly and by the book - partly because several Councillors are determined to see this through and have the perp prosecuted.

All that AirBNB has done is dish out platitudes because they want to keep their fees flowing.

[Jim1859]

You may review your comment if you saw this picture taken at the rear.

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[Kate867]

@Jim1859   I think I can see the listing which you are referring to and am assuming that there are a few issues such as parking problems etc.  I am also guessing that having sunk a fair bit of money into these renovations that the Host is now taking her appeal to the the High Court.  Airbnb may well have already spoken to her and discussed the matter but if she has provided evidence to support her case moving to a further appeal then they are unlikely to delist her until this process has been completed.  Airbnb are very careful about what information they share between opposing parties when complaints are made so although you may feel that they are ignoring you, there is a good chance that they are not and are just waiting pending a final decision.  I would suggest that you speak to Bolton council again, expressing your concerns and ask them for further information and time lines.

[Jim1859]

If the host had done the decent thing and applied for planning permission she could have saved all her money. She should have applied for permission BEFORE buying it.  You don't need to actually own a property before applying This is what other people do when they know that PP may not be granted easily. I could for example submit a PP application for 10 Downing Street if i wanted.

She was really stupid because it is located in a conservation area and three previous applications were refused. The last refusal was emphatic QUOTE 

11451/21 8 Back Chapel St – refusal due to concerns including lack of parking, highway safety, overdevelopment in the conservation area, lack of amenity including no bin storage, no bat survey submitted, impact on living conditions of neighbouring residents. UNQUOTE

She paid £35,000 for a ruin at auction so say 15% auction fees plus the development costs on top. I estimate all up at £70,000. That's £70k down the drain and on top she has alienated all the neighbours. And I guess she is too mean to offer to buy some land from the neighbour who owns a sizeable vacancy plot next door. Her green has blinded her to common sense.

This story will run and run

See this from Bolton News..

Bolton News

[Kate867]

@Jim1859   I do sympathise and understand your frustration because there are many areas where Airbnb’s are not really appropriate, particularly in the circumstances you have outlined.  However, the guests who are booking this ‘cottage’ to stay for a holiday will be totally unaware of the circumstances and I hope that they are not being harassed as a result of it as they are really are the innocent ones in the whole scheme of things.  Had this Host negotiated and purchased the adjacent empty plot do you think it would have made a difference to her application?

[Mike-And-Jane0]

@Jim1859 I see a lovely historic building that will collapse and be lost forever unless someone does something with it. It is a real shame that the owner and council cannot save this building between them.

Interestingly short term rentals do not really need amenity space as guests tend to be out during the day sightseeing.

[Gordon0]

Couldn't agree more, @Mike-And-Jane0. The loss of this building will be a crime, as the PP issue may be too. I assume some will only be happy when it falls into complete disrepair and rots. Shame. 

[Jim1859]

I have news for you. The guests have been using the open land outside and have been encouraged to do so by the host. They leave rubbish behind which the elderly  owner has to clean up. They create noise and disturbance in what is an ultra quiet back street.

The listing  even features a photo showing a garden area to the rear with the inference that this is amenity space for the guests . She made a similar mis-leading statement in her planning application as follows:-

..... the side door from the kitchen is South -facing and provides access to the
gated garden area and garages and the rear door from the reception room is East-facing and provides access to the rear garden area

In both the planning applications submitted, she made two very significant untruths. The neighbours spotted this and alerted the Council.

If she had played fair, worked to the rules and didnt repeatedly lie and cheat then she would not lave alienated the neighbours and the council.

She made a rod for her own back and could have saved ALL her money if she hadn't been so hasty and greedy.

[Helen3 · Accepted solution]

I do sympathise and think that Airbnb and other platforms shouldn't allow people to list on their platform if they know they don't have planning permission.

I don't agree with @Kate867 @or @Gordon0  

there is no reason the owner couldn't have kept the place for private use and got planning permission for this or worked with the council to get planning permission for commercial use before she started . . 

the owner clearly doesn't care about the impact of her business on the local community and has a complete disregard for planning regulations.

@Jim1859  i would suggest you go on Airbnbs social media and ask them why they continue to let a host operate a listing which they know doesn't have planning permission 

I would also suggest you contact your regional broadcast media s and national media with this story 

the crime  you know @ Gordon is business owners who illegally operate a business without complying with building regulations or getting planning permission.  It's silly to imply if she doesn't run a commercial business from the building will be lost. 

[Jim1859]

@Mike-And-Jane0 

Seems you have swallowed all the hype in the listing. The host certainly have a certainly has exercised a great deal of creative writing.

[Mike-And-Jane0]

@Jim1859 I haven't looked at the listing - Just the picture you posted. I'll go look at the listing now.

[Mike-And-Jane0]

@Jim1859 I've looked at it now. What a lovely place. Great reviews from happy guests. I just hope the host sorts out the planning so that the revenues coming from tourists benefit the area. I assume there is something about the owner that the council doesn't like?

[Jim1859]

@Mike-And-Jane0 

You seem very tolerant of this host's abuse of the system so may I ask for your views on hosts such as this making dishonest statements on their listings.

One outstanding lie on her listing is under amenities where she says that there in parking on the premises. This is a blatant lie designed to enhance appeal in an area where parking is virtually impossible.

And why does AirBNB not censure hosts who provide inaccurate information?