CONSIDERATION OF PLANNING PERMISSION IN SHORT-TERM RESIDENTIAL ACCOMMODATIONS

Abstract

Planning permission may be required if the use of the property for short-term residential accommodations (STRA) services constitutes ‘development’ in planning terms. In analysing the possible operational aspects of STRA application in the planning system in Malaysia, the experience of STRA implementation in some selected countries is explored. The article concludes that there are different approaches, which are adopted by different regions concerning the need for planning permission. Most jurisdictions that are “friendly” towards STRAs view that planning permission is not necessary if STRA is managed on a small scale. Hence, it can be concluded that if the scale of the STRA business is big, i.e. ‘commercial’ in nature, planning permission is needed. Alternatively, the local planning authority may consider issuing a provisional or temporary planning permission (TPP), a short-term approval that is only permissible for the transitory nature of the use of land and buildings.