Major victory for campaigners over Highland Council’s STL control area for Badenoch and Strathspey
Campaigners have scored a major victory over Highland Council on its controversial policy for a short term lets control area in the strath.
The local authority is having to make changes to its STL policy having just completed a review of legal advice issued at the end of August.
The Association of Scotland’s Self-Caterers has welcomed the change of heart yesterday affecting applications prior to the STL control area coming into force for Badenoch and Strathspey at the start of March, earlier this year.
In effect, the council had warned local STL operators that they would not be able to run their businesses in the area without getting a change of use planning permission which had to be paid for.
Badenoch and Strathspey is only the second part of Scotland to have introduced a planning control area for STLs following Edinburgh, and the legal ruling was made in a challenge against the capital’s council.
The council backed the move - including most controversially its retrospective application - as part of wider efforts to provide more affordable homes for locals in Badenoch and Strathspey.
ASSC chief executive Fiona Campbell said: “We welcome the decision of The Highland Council to review and update elements of their short-term let policy following consideration of James Findlay KC’s legal opinion as well as their own legal advice.
“This means that short-term let licence applications that were submitted before the commencement of the STL Control Area on 4th March 2024 will be processed without the council requiring evidence of planning permission.
“This development closely follows the third successful legal challenge against Edinburgh Council, with the latest showing their approach to issuing three-month suspension notices was unlawful.
“Across the country, legally unsound policies are coming unstuck. It should never has come to this had insights from industry been acted upon.
“The Scottish Government’s legislation was flawed from the very outset and remains unfit for purpose.
“However, the ASSC stands ready to work with both national and local government to iron out the deficiencies and overcome the outstanding challenges.”
Hundreds of operators in Badenoch and Strathspey ended up applying for change of use for their premises to short term lets ahead of the introduction of the control area following the instructions from Highland Council.
It is unclear at this stage whether they will be eligible for refunds for sums in some cases running into four-figures or if businesses left out of pocket or whose owners decided to close down will push for compensation.
Gordon Thomson, who runs an STL business in Kingussie, has been the leading campaigner in the strath and constantly kept up the pressure on the council.
He said: “This has been one mammoth fight and many operators have given up.
“More than 70 per cent of operators are female - some single mothers, many retirees , predominantly micro businesses reliant on income to make ends meet.
“The mental stress by having threat of closure hanging over them has taken its toll. Nobody could obtain holiday let finance for their business as very few had licenses to show lender and then there were the costs.
“In my case I have paid out £1,800 in council fees, £360 for a public advert, architect fees of £300 - for each holiday house.
“Some asked to replace planning application with a application for Certificate of Lawfulness doubling up on cost
“I have asked for my fees back I encourage all other operators to do so. So far the council has refused to repay.
“Presumably now they have accepted their actions were unlawful our fees will be returned and I call on the council to confirm and return forthwith.”
Highland Council convener and local member Bill Lobban, who had championed the policy, told the Strathy: “Local members have not yet been briefed on the situation so any comment would be premature.”
