Highland Council pressing on with short terms lets control area for Badenoch and Strathspey
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Plans for a short term lets control area in Badenoch and Strathspey are still moving forward despite a judgment from the Court of Session that parts of a similar proposal for Edinburgh are unfair.
Highland Council confirmed yesterday that the report which recommends approval of the controversial move will still proceed to the full council for decision in a week's time.
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A spokesperson said yesterday: "A report will be going to full council on December 14.
"Highland Council paused the introduction of the Badenoch and Strathspey short term let control area in order to seek further legal advice on various aspects of the project.
"This legal advice has been received, considered by council officers and a report will go to the Highland Council Committee on 14 December 2023."
Highland Council convener and local member Bill Lobban has been instrumental in getting the policy this far.
He said: "The council is currently assessing the impact of the Edinburgh Court of Session decision."
Lord Braid said this past week that aspects of City of Edinburgh Council's attempt at regulating short-term lets were 'unfair and illogical'.
He stated in his findings: "I find that the Scottish Parliament did not intend that Section 26B (of the Town and Country Planning (Scotland) Act 1997) provides: should have retrospective effect by requiring planning permission to be applied for where there had already been a change of use.
"Had that been its intention, it would have made that clear in express terms, or at least, language which was clearer than that used."
Landlords took legal action against the local authority over the retrospective permission required for accommodation.
The capital's STL control area rules came into force on 5 September 2022 with property owners leasing their homes as STL to visitors before that date having to apply for planning permission for a change of use.
However, landlords Iain Muirhead and Dickins Edinburgh Ltd argued that policy violated existing legislation.
Highland Council is following a similar line so far with proposed retrospective application of the policy on existing operators.
Those who have applied are in limbo whilst some permissions have been granted in Badenoch and Strathspey under Certificates of Lawfulness for those properties that have been used as STL for the past 10 years
One local accommodation provider told the Strathy: "What the court has said is that the Scottish Government never intended for controlled areas to be able to impose planning restrictions retrospective to date controlled area was implemented, that the legislation does not support such an interpretation.
"So any policy demanding retrospective planning is unlawful..."
"The courts have had to step in to state the blindingly obvious - you don’t get to remove people’s livelihoods retrospectively.
"You can make new planning rules for the future but not the past."
