Next steps for controlling short term lets in the Capital

It welcomes the announcement that draft legislation on proposals is expected to be considered by Parliament in December.

The report, which will be considered by councillors at next week’s Policy and Sustainability Committee (1 December), broadly welcomes the Scottish Government’s approach to a new licensing regime and planning control areas and outlines what is required to happen next to allow the Council to implement both licensing and planning controls after the new legislation comes into force next spring.

Council Leader Adam McVey said:

Earlier this year I wholeheartedly welcomed the Scottish Government announcement that our call for a new regulatory scheme had been successful. Since then there has been a consultation on proposals and the government has confirmed a draft will be considered by Parliament in December with new legislation being brought in next spring. All of this progress has been in direct response to our hard work in pushing for the powers we know we need to deliver for our communities.

We’re seeking some clarification on some technical issues regarding implementation and are still working on how these powers can help us control the number of short term lets in the city through a combination of planning and licensing policies.

We’re pleased that, through new short term let control areas, we’ll be able to control the number of short term lets in the city as properties being let out in these areas would automatically require to have ‘change of use’ planning permission in place. It’s also good news that when people apply for a licence we can ask for evidence that they have that permission. This is something we’re very keen to do and our ‘Choices’ consultation for our next local development plan - ‘City Plan 2030’ - showed overwhelming support for control zones.

Depute Leader Cammy Day added.

Great progress is being made to tackle this issue we have campaigned so hard to address. This is so important as short term lets have reduced the city’s housing stock, hollowed out communities and caused numerous issues for residents such as noise and other anti-social behaviour. It’s important though that we manage expectations just now as there’s still a lot of work to be done when the legislation is approved later this year to implement the right licensing regime and planning controls for Edinburgh. I look forward to the draft legislation going before Parliament in December and legislation becoming a reality in April so we can use the new legislation to improve the lives of many of our residents throughout the city.

Further information

• The Scottish Government proposes that the licensing system be delivered by local authorities but the regulations will specify a minimum licensing scheme which will be mandatory. Local authorities will have the power to introduce licensing conditions from a specified list of options to address local issues of concern.
• The Scottish Government’s proposals would not allow the licensing system to control the numbers of short-term let properties by imposing a cap or limit. 
• Rather, it is the short term lets control area that would be used to manage high concentration of short-term let properties.
• The proposed regulations would allow planning authorities to designate all or part(s) of their area as a control area.
• Within such a designated area, the use of a dwelling house for secondary letting will always be deemed to involve a material change of use and requires planning permission.
• This is consistent with the Council’s desire to have a method of managing high locational concentrations of short-term let properties and clarifying the planning process for such changes of use to bring a simpler approach.
• The proposals also address a key Council principle about ensuring a joined-up Planning and Licensing approach by including a mandatory condition for licence applications which would require the host to confirm that they have applied for, or obtained planning permission (if required), that it remains current and that they are complying with any planning conditions.