Current status: Answered by Ivan McKee on 9 September 2025
To ask the Scottish Government, in light of reports in The Herald on 16 August 2025 and analysis carried out by STL Solutions Ltd into the determination of short-term let (STL) planning applications by the City of Edinburgh Council, what its position is on whether (a) the reported refusal by the City of Edinburgh Council of over 97% of traditional STL applications amounts to a de facto blanket ban and was the planned outcome of its legislation, or whether it risks driving activity into non-compliance and a black market; (b) the City of Edinburgh's practice of treating almost all STLs as a material change of use, and then reportedly refusing them in nearly every case, is consistent with its national planning framework policies and demonstrates a case-by-case assessment and (c) it is fair that operators that have reportedly spent thousands of pounds securing an STL licence should then be refused planning permission reportedly creating many appeals at taxpayers’ expense, and whether this dual approach is proportionate.
All applications for planning permission are decided on their own merits and, by law, must be determined in accordance with the development plan, unless material considerations indicate otherwise. The development plan consists of both National Planning Framework 4 and the local development plan for the area. It would not be appropriate for the Scottish Government to make comment about decisions made by a planning authority.
Through the Planning (Scotland) Act 2019, the Scottish Parliament legislated to allow planning authorities to designate short term let control areas (‘control areas’). Under these provisions, City of Edinburgh Council has designated the entirety of its administrative area as a control area. Within control areas, certain changes of use from a dwellinghouse to short-term letting are automatically deemed to be material changes of use requiring planning permission. It is for the planning authority to consider on a case-by-case basis whether changes of use that occurred before the designation of a control area constitute material changes of use requiring planning permission.
The planning system and the licensing system have different and distinct regulatory purposes. The purpose of planning is to manage the development and use of land in the long term public interest, whereas the purpose of short-term let licensing is to ensure the safety of guests and safeguard Scotland's reputation as a high quality tourist destination. Scottish Government guidance encourages anyone who is considering using a house or flat as a short term let to check with the relevant planning authority whether planning permission is required.