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Strathspey MSP demands compensation for Scottish Government's 'monumental blunder'


By Gavin Musgrove

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Fergus Ewing has called for compensation for STL operators who have unnecessarily shelled out money for planning for the new STL control area.
Fergus Ewing has called for compensation for STL operators who have unnecessarily shelled out money for planning for the new STL control area.

Strathspey MSP Fergus Ewing is demanding that the Scottish Government compensates operators for its ‘monumental blunder’ over the introduction of a short term lets control area for the strath.

The veteran SNP politician’s call comes after the Strathy revealed last week that many hundreds of small businesses have paid up to several thousands of pounds each as a result of Ministers failed attempt to apply flawed policy retrospectively.

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Mr Ewing MSP said: “I am appalled that hard working law abiding small businesses were told to make an application for change of use only to find that it was never necessary at all.

“This is a monumental blunder which has put these small businesses to huge expense.

“Fiona Campbell – the representative of tens of thousands of self catering businesses – has campaigned on this and exposed the gross injustice committed against these mostly small businesses.

“It has impacted on many in the strath – I know from my postbag.

“If we make mistakes then we must pay to sort them. If the Government make mistakes they often try to squirm off the hook and blame someone else or offer the lamest of lame excuses.”

Mr Ewing said he has written to the minister for tourism Richard Lochhead and housing minister Paul McLennan to ask that they ‘do the decent thing – the right thing’.

He said: “The government should compensate each and every one of these businesses for putting them through regulatory hoops and then changing the rules later.

“I am also asking the Scottish Government just how many thousands of small businesses have ceased trading because of these disastrous regulations – on the controlled zone.

“I said at the time I was unconvinced and sceptical of claims that they would increase affordable housing. I am now certain that they will not lead to more affordable housing at all – it was always a misconception.

“The way to get more homes is to build them and not to regulate existing hard working businesses - in this case with regulations admitted to be a Scottish Government botch up.”

Ms Campbell, Chief Executive of the Association of Scotland’s Self-Caterers, said many STL operators feel aggrieved over their treatment.

She said: “We are aware of the strength of feeling on this issue as hard-pressed operators have jumped through considerable hoops to comply with both licensing and planning rules in order to continue doing what they have done for many years in welcoming visitors to the Highlands.

“This has come at significant financial cost to their business so it is only natural that so many feel rightfully aggrieved at this regrettable situation.

“It should never have come to this as the ASSC repeatedly cautioned that the Scottish Government’s regulations were not fit for purpose.

“We proposed fair, effective and legally sound recommendations which would help to overcome the remaining challenges to successfully implement the regulations.

“These remain on the table and we hope they can be actively considered by the Scottish Government as soon as possible.”

Highland Council is continuing to advise STL operators to proceed with their change of use applications but the ASSC has said nearly all of these are unnecessary as the law stands following a key ruling at the Court of Session last December.

The new STL control area came into force on March 4 and is just the second such designation in Scotland after Edinburgh.

The Strathy contacted the Scottish Government but has not received a response.


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