November 2022 - Page 2 of 4

Brodies LLP Legal Opinion: Requirement for Planning Permission

Posted on November 20, 2022May 2, 2023 by Fiona Campbell

ASSC Key Points Briefing: Brodies LLP Legal Opinion (November 2022)

In November 2022, Brodies LLP – a leading law firm in the UK – prepared a legal opinion for the Association of Scotland’s Self-Caterers regarding planning requirements for short-term holiday letting. You may find this opinion useful in response to any concerns raised by a planning authority regarding your property.
The paper opines that the requirement for planning permission for short-term holiday letting depends on whether the premises are situated within a short-term let control area. Licensing requirements are not made under the planning legislation and are not relevant to determining whether planning permission is necessary.
In all other areas, planning permission is not necessarily required for a change of use to short-term holiday accommodation. In fact, the question of a change in material use depends on the individual circumstances of each premises and planning authorities must take this into account.

Log into the members area for further detail and to download the full opinion.

PQs: Fees and Planning

Posted on November 20, 2022February 21, 2023 by Fiona Campbell

S6W-11456: Alexander Burnett, Aberdeenshire West, Scottish Conservative and Unionist Party, Date Lodged: 10/10/2022 R

To ask the Scottish Government whether it is the case that the fee for obtaining a registration for a short-term lets licence will cost more depending on the number of occupants that could be accommodated, and, if it is the case, what is the reason for this.

Answered by Shona Robison (20/10/2022): Licence fees are set by licensing authorities to cover their costs in establishing and administering licence schemes in their areas. The Scottish Government has set out in guidance for licensing authorities the parameters that they may want to consider when setting licence fees to ensure fees are affordable for smaller accommodation units.

Larger accommodation units have the potential to generate significantly greater income than smaller units. Secondary letting will also typically yield greater income than home sharing (or home letting for limited periods).

S6W-11455: Alexander Burnett, Aberdeenshire West, Scottish Conservative and Unionist Party, Date Lodged: 10/10/2022 R

To ask the Scottish Government for what reason planning permission is required for obtaining a short-term lets licence for flats, but not houses.

Answered by Shona Robison (20/10/2022): In a control area, change of use of a dwellinghouse, which is not a host’s only or principal home, to provide short-term lets will always require planning permission. This applies to both houses and flats. In a control area, it is a mandatory condition of licence that planning permission has been obtained or an application is in progress.

Outwith a control area, planning permission may be required where local planning authorities determine a proposed change of use is material, on a case-by-case basis.

In all cases, each planning application will be determined on its individual planning merits in line with local development plan and policies unless there are material planning considerations that would justify a departure from the development plan.

Certificate of Lawfulness Granted Following Covid-19 Appeal

Posted on November 18, 2022February 21, 2023 by Fiona Campbell

We are delighted to report that reason has won the day. A property in Edinburgh that had had a Certificate of Lawfulness rejected on the basis that it was closed during the Covid-19 pandemic has won on appeal and has been granted a Certificate of Lawfulness.

We hope that this paves the way for some other cases to obtain theirs.