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Council Urges Scottish Government to Address Short-Term Let Licensing Loophole
Edinburgh councillors have passed a motion calling for the Scottish Government to close a “loophole” in short-term let (STL) licensing laws that allows operators to obtain licences without acquiring the necessary planning permission.
The motion, introduced by Councillor Neil Ross of the Liberal Democrats, was approved unanimously at the Full Council meeting on Thursday, 29 October. Cllr Ross described the existing oversight as “glaring,” and noted that the current regulations enable STL operators to function legally without proper planning validation. Members of the Green Party echoed concerns regarding the legislation, deeming it “broken” as it allows operators to circumvent compliance measures.
In September 2022, the City of Edinburgh introduced a new control area mandating that property owners seek planning permission prior to converting properties into STLs. However, as the law currently stands, STL operators can be granted licences if they have filed a planning application, even when that application is still pending. This has led to instances where landlords apply for planning permission only to withdraw their applications once they receive a licence.
During the council meeting, a representative from Living Rent, a tenants’ union, highlighted ongoing issues caused by the lack of effective regulation. They reported that residents have experienced disturbances from STLs proliferating in their communities, leading to issues such as noise and disruption in densely populated areas.
Support for Cllr Ross’s motion also came from residents of Stockbridge Colonies, who submitted a deputation detailing their struggles with navigating the complexities of the licensing system. According to their statement, the current process is convoluted, with residents repeatedly trying to ascertain whether properties being used as STLs possess the required planning status.
They raised additional concerns regarding temporary STL licences, which do not afford the same level of community input as full licence applications. Their statement noted the significant impact of short-term letting on local residents, particularly in densely populated areas where access to properties is limited.
Cllr Ross’s successful motion will lead the Council Leader to submit an appeal to First Minister John Swinney, requesting that the loophole be addressed. Furthermore, the motion promotes an amendment to current policies to ensure that a valid planning certificate must be presented before any STL licence is issued.
