Edinburgh council to ask John Swinney to close loophole on short-term let licensing
Recent research by Living Rent shows 70 per cent of short-term lets in Edinburgh operating without planning permission
Edinburgh council is to ask the Scottish Government to close a loophole which allows short-term lets to operate in the city without planning permission.
Current legislation means that those applying for a short-term let (STL) licence in Edinburgh must have planning permission, or be in the process of obtaining it. But campaigners say applicants are exploiting the system by withdrawing their application for planning as soon as an STL licence is granted.
Lib Dem councillor Neil Ross, convener of the council's regulatory committee, told the full council meeting on Thursday that the "glaring loophole" could be closed by requiring planning permission to be in place prior to an STL licence application or renewal being granted.
Recent research by tenants union Living Rent found 70 per cent of licenced short-term lets in the Capital did not have planning permission. Data showed that 1,225 of the city’s 1,754 properties with a valid STL licence had no planning consent, with 800 of them having been refused permission.
A deputation from Living Rent said STLs were putting “enormous pressure” on communities across the city. “We hear about the noise and chaos in tenements, the strain on people’s mental health from non-stop parties, the hollowed out stairwells where short-term lets outnumber long-term residents.
“We also hear about the struggle people have finding a place to stay, paying the rent, keeping a roof over their heads, which we know is made harder and worse by the explosion in tourist flats. The simple fact is that every short-term let in our city is one less home for someone to live in.
“The national legislation around short-term lets is too weak and landlords are exploiting loopholes in it. Thousands of unscrupulous short-term let landlords are openly flouting the rules and raking in a fortune in the process.”
But the deputation added that there was also more the council could do within its existing powers. “The council already has powers to investigate breaches of planning controls and licensing conditions but it relies far too heavily on complaints from the public to trigger enforcement action, even where the information needed is already easily available.
”There are steps the council can and should be taking now, without waiting for the government to act.”
The call for the loophole to be closed was also backed by a group of residents from the Stockbridge colonies. In a written submission they said: “These are densely populated residential streets where properties are close together and access is restricted. The impact of short-term letting can therefore be felt very directly by neighbouring residents.
“We are not seeking to prevent legitimate short-term letting, nor are we suggesting that operators should be treated unfairly. We are asking for a regulatory system which is clear, logical and fair to everyone.
“Where planning permission is required, the planning position should be determined before a short-term let licence is granted.”
Cllr Ross’s call for the council leader to write to the First Minister, calling for the loophole to be closed, was agreed without division.