Short term let control zone for Badenoch and Strathspey set for go-ahead
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Highland Council officials have confirmed that a short term lets (STL) area control zone should go ahead for Badenoch and Strathspey after taking legal advice.
The policy requiring operators to get a change of use for STL use through the planning process is expected to go before full council next month for final approval.
If that goes smoothly, then the controversial policy could be in operation by the start of next year.
It is aimed at taking the heat out of the local housing market by removing some of the competition for properties for Air BnB use and other STLs.
However, critics have said that the move will do little to help with the supply of local housing and instead be damaging for the local economy. There are already reports of former STL being converted into second homes.
The STL control area which will cover the whole of Badenoch and Strathspey was due to come into force in the summer but was paused just a few days beforehand after a ruling at the Court of Sessions on an action brought by pursuers against Edinburgh City Council who have been leading on bringing in a similar policy.
Highland Council was provided with final legal advice on its proposed policy more than a month ago but has not issued any public statement.
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However, the local authority has now issued an update to stakeholders which has been seen by the Strathy.
In it the council's planners state: "Initially apologies in the delay in updating you on the progress of the establishment of the ward 20 (Badenoch and Strathspey) short-term let control area.
"As you are aware the council paused the introduction of the control area earlier this year to seek further legal advice on various aspects of the project.
"This has been received, considered by officers and members have agreed a paper will go to full council on 14th December 2023.
"At this time the report has not been drafted however, the proposed recommendation will be to continue the establishment of the ward 20 short-term let control area and to agree an updated non-statutory planning policy – again as yet un-drafted.
"This paper will set out in detail how the council intends to consider and deal with the continual use of existing properties utilised for short-term letting and until the committee paper has been drafted and approved by the council legal team I am unable to provide further advice in this regard.
"Again, we have as yet to give any consideration as to the timeframe as to when the control area can be delivered but the recommendation will be for establishment in quarter one of 2024 subject to compliance with statutory requirements.
"Whilst I understand this updates provides little detail on timings and implications of the control area, we are working to flesh out the above details and I should hopefully be able to update you again shortly."
The council has outlined exemptions to the new rules and properties which have been used as STLs for a decade have been able to apply for a Certificate of Lawfulness to get their permissions in place.
However, owners and operators of other STLs have been applying for changes of use which have yet to be determined whilst the policy has been in limbo as it is proposed to apply retrospectively to accommodation already trading as lets – another move which has been criticised by opponents.
