Short term lets control area for strath has become a 'deplorable mess', says sector chief
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The boss of Scotland’s self-catering sector representative body has described the handling of a short term lets control area for Badenoch and Strathspey as a ‘deplorable mess’.
The designation – only the second of its kind in the country after Edinburgh city – came into force on Monday but will have much less reach than Highland Council originally envisaged.
The local authority had hoped the change of use required to operate an Air BnB or other short term let in the strath would be applied retrospectively for up to a decade and help free-up more affordable housing.
But the council has had to finally concede this is not the case and adapted its policy just before its introduction.
In effect, hundreds of STL operators have applied for a change of use for their properties in good faith because they were told to do so by the council – only now to now discover they have done so unnecessarily.
Some have shelled out several thousands pounds in the process.
Asked if they should be reimbursed, Association of Scotland’s Self-Caterers chief executive Fiona Campbell said: “That’s the million dollar question.”
The ASSC, however, has said the finger of blame should not be pointed at Highland Council, saying it has incorrectly and crucially unlawfully interpreted poor Scottish Government legislation.
Ms Campbell said: “No-one is winning – this is not improving access to affordable housing; it has not improved health and safety (in STLs) as that legislation already exists.
“It is just causing pain to local authorities and to operators.”
Costs for planning permissions weigh in at £600 per 100 square metres as well as planning fees and associated costs such as planning agents.
Ms Campbell said: “Lots of people have gone out and spent thousands of pounds on planning permissions that they simply never required.
"The council is now essentially having to backtrack and find a compromise. It is still a mess.”
The ASSC has said STL operators only need to apply for planning permission if there was a material change of use of their premises prior to the control area designation date on Monday.
This, they said, was the clear ruling at the Court of Session last December in the second Judicial Review and has had major ramifications for Highland Council who have been following trailblazers Edinburgh City Council’s path.
The ASSC has said the only real solution is for the STL licensing legislation to be amended by the Scottish Government and planning consideration within this to be de-coupled.
Ms Campbell said: “It is not Highland Council’s fault – they have interpreted legislation because it was badly written.
"They have done their best under the circumstances and have been really good to deal with and open and transparent.
“They should not have been put in this position. It is a deplorable mess.
“But the bottom line is that you can not take away someone’s livelihood because of failed housing policy – and certainly not retrospectively – the answer is to build more houses.”
Highland Council convener and local councillor Bill Lobban has been championing the policy.
He said: “Whilst it is disappointing that the STL control area will not be implemented retrospectively we have to abide by the decision of the Court of Session.
“Hopefully this will still bring significant changes to the housing market going forward and give local people a chance of getting on the housing ladder.”
Planning consultant Jane Shepherd, of The Town Planner in Grantown, has said there is still a lot of uncertainty.
She commented “It has been a long stressful wait for many existing short-term let operators, especially those who followed guidance and submitted their planning applications over a year ago.
“Whilst the retrospective application of short term let planning legislation has been deemed unlawful by the court decision in Edinburgh, unfortunately the uncertainty is still hanging over those operators three months later.
“We are now awaiting communication from the council regarding the options available to resolve those outstanding applications. Hopefully this will be soon and result in a positive outcome for my clients and all the other short term let operators in the strath.”
Council tells operators to continue with planning applications
Highland Council has said STL operators should continue with their applications.
But some opponents and operators have questioned if this is simply to avoid having to reimburse people or even pay-out compensation.
A council spokeswoman said: “Since the commencement of the short term let control area project, the Scottish Government has published an updated circular which along with the Edinburgh City Council Court of Session decision has confirmed that the restrictions of the control area are not retrospective.
“Instead the need for planning permission is now, as before based on an assessment if a ‘material change of use’ of the property has occurred.
“To confirm if this has occurred, the council needs to assess each one on its own individual merits.
“Hence the advice for operators to complete the council developer enquiry form.
“The council will also be contacting existing operators who have submitted planning applications and where no ‘material change of use’ has occurred and hence no formal planning permission is required to convert their applications to ‘Certificate of Lawfulness’ applications.
“These carry a similar fee structure and requirements to the original planning application and will provide the required documentation to satisfy the STL licence requirements of the control area.”
She added: “In terms of the benefits of the control area, moving forward it will prevent the further erosion of the housing stock across Badenoch and Strathspey being lost to the holiday sector.
“Whilst the extent of control is not as extensive as the council was originally led to believe by the Scottish Government, it does provide one tool in which to support communities across the strath.”
