B1460 - Town and Country Planning Act 1990 (Amendment) Bill - 3rd Reading

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#Town and Country Planning Act 1990 (Amendment) Bill


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amend the Town and Country Planning Act 1990, to make provision to require planning permission to change the use of a dwelling to a secondary residence or holiday home, from another class type.

BE IT ENACTED by the King's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by authority of the same, as follows:-

Section 1: Changes of use

(1) Upon this Act receiving Royal Assent, the Town and Country Planning Act 1990 is to be amended as follows:

(a) In section 55 (meaning of “development” and “new development”), after subsection (3)(a) insert—

“(aa) the use of a dwelling as a secondary residence, subsequent to a change in that property's freehold or leasehold, involves and is constituted as a material change in the use of the building (regardless of if it has been used as a secondary residence), and as such it shall require a change of use under this Act;”.

“(ab) the use of a dwelling as a holiday letting, subsequent to a change in that property's freehold or leasehold, involves and is constituted as a material change in the use of the building (regardless of the amount of time that it is to be used for this purpose), and as such it shall require a change of use under this Act;”.

“(ac) the use of a dwelling as a primary residence, subsequent to its usage as a secondary residence, does not involve and is not constituted as a material change in the use of the building, and as such it shall not require a change of use under this Act;”.

“(ad) the use of a dwelling as a primary residence, subsequent to its usage for holiday letting, does not involve and is not constituted as a material change in the use of the building, and as such it shall not require a change of use under this Act."

(2) In section 336 (Interpretation), after subsection (1) insert—

"primary residence" means a dwelling which the resident occupies for at least 183 days per year, or otherwise the residence the person in question spends the plurality of their year;
"secondary residence" refers to any dwelling which is not the primary residence of the owner;
"holiday letting" refers to the practice of leasing a property for more than two weeks cumulative in a twelve month period to more than one person

Section 2: Extent, Commencement and Short title

(1) This Act extends to England only.

(2) This Act comes into force at midnight on the day it receives Royal Assent.

(3) This Act may be cited as the Town and Country Planning Act 1990 (Amendment) Act.

This Bill was written by The Most Honourable 1st Marquess of St Ives, The 1st Earl of St Erth, Sir /u/Sephronar KBE MVO CT PC on behalf of the Conservative and Unionist Party.


Opening Speech:

Deputy Speaker,

In many communities across the United Kingdom, in particular in that of my community in Cornwall, local people are far too often squeezed out by an overinflated housing market caused by both second homes and holiday homes.

This simple Bill aims to change that, and it amends the existing legislation in the Town and Country Planning Act 1990 to create a provision to require a change of use for a home to become a second home, and for a similar change of use for one to become a holiday letting. This will immediately have a monumental impact across the country, and will give local people a say on the process as well.


Please vote Aye/No/Abstain only.

This division will end on Wednesday 11th January at 10PM GMT

Posted Jan 8, 2023, 10:03 PM UTC

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