While competitors to operators such as Airbnb could utilise the
provisions of the Planning Act to take action against unauthorised
use of dwellings for short term rental accommodation, this could
only be on a case by case basis. There could never be a “test case”
with wide ranging application, because in each case the Court
needs to construe the relevant planning instrument and any
applicable development consent or existing use rights and consider
discretionary matters. At best, a competitor could target a specific
building which is frequently let via one of the websites; a residential
flat building in the City perhaps.