A DAD living next door to an Airbnb with a “prison-camp watchtower” in the garden has slammed Conwy Council for stating such properties are considered to be “residential”.
A row erupted last month over the holiday let’s “monstrous” tower, built in the garden of the property on Tan y Bryn Road in Rhos on Sea without planning permission.
A retrospective application for that tower was turned down by Conwy Council’s planning department in June 2024, but a new application has now been submitted.
Now, the row has deepened after it was found that Conwy Council doesn’t consider Airbnbs to be for “business use” in planning terms.
Planning permission granted by the council in 2016 for two garden rooms stated “business use” was prohibited at the site, but the council has confirmed that “in planning terms, the dwelling and outbuildings are considered residential”.
Neighbour Nick Whitmore, who has lived at a neighbouring property with his partner and three young children since November 2021, hired a planning specialist to query the issue.
Mr Whitmore claimed a letter sent by the planning specialist to Conwy Council about the issue was “dismissed out of hand”.
He has now questioned why the council would not consider the holiday let a business.
He said: “In 2016 Conwy Council approved those two garden rooms, with the expressed condition that there should be no business or connection to trade.
“The council seem to be making up their own definition of what does or doesn’t constitute business use, in so far as that property is owned and operated by a limited company, sat on a balance sheet of a limited company.
“We feel completely let down by the council.
“The letter from our agent went in on (a week last) Thursday, and they just dismissed it out of hand completely.”
He added: “We’ll have to see what happens with the ‘prison watchtower’, but at the moment, we feel completely let down by Conwy Council.
“The point of this is being able to raise our three children in a safe environment where they are afforded privacy and so they can enjoy the privacy of our property which includes the amenity of the garden.”
Conwy Council now says they’ve received a further request from the applicant’s planning agent to withdraw the latest planning application so the council will now “defer further action at this time pending submission of an amended application”.
A spokeswoman for Conwy County Council commented: “The property is operated by the owners as a short-term holiday rental.
“We have responded to the planning agent’s enquiry confirming that, in planning terms, the dwelling and outbuildings are considered residential and the use does not require planning permission.”
The council says it depends on the nature of the property’s usage, as either a primary residence or a rental business, as to whether council tax or business rates apply.
But in planning terms, Conwy considers the Tan y Bryn Road Airbnb property as “residential”.
In areas such as Gwynedd, councils have tightened the rules. Gwynedd has introduced an ‘Article 4 Direction’ to manage the use of houses as second homes and holiday accommodation, which was introduced in September 2024.
Consequently, planning permission will be required before changing the use of a property into a second home, short-term holiday let, or specific mixed use.
In April 2024, Conwy’s cabinet endorsed progressing a new policy to manage second homes and short-term holiday lets in the Replacement Local Development Plan (RLDP).
This policy would support any Article 4 Direction in the future.
The RLDP delivery agreement and timetable will be discussed at a future cabinet meeting.
JAM Domestic Properties Ltd, which owns the property, was contacted for a comment.
