THREAD ScotGov has made a real mess of trying to regulate short-term lets. Since launching the Homes First campaign over 4 years ago, it is clear what needs to be done in principle. There are 2 elements to regulation. The 1st is planning reform and the 2nd is licensing. 1/11
The first (planning) determines whether a property can be used as a short-term let and application will be assessed (as all planning applications are) against planning law and the policies of the planning authority. 2/11
The second is licensing. A licensing scheme ensures that operators are fit and proper persons, have the requisite insurance and safety checks. Crucially, a license application can demonstrate whether the applicant has planning consent (a critical check). 3/11
Planning reforms were implemented via s.17 of the Planning (Scotland) Act 2019. Instead of a requirement that STLs are a change of use & must seek planning consent in all cases, The SNP/Tories cooked up Short Term Left Control Areas in which planning consent must be sought. 4/11
However, Short term Left Control Areas cannot be designated without Ministerial permission - a flagrant violation of the principle of subsidiarity. Thats why, when the regulations implementing this measure were introduced, I opposed them. 5/11 theyworkforyou.com/sp/?id=2021-02…
The Regulations implemented eating a licensing scheme were withdrawn by Ministers after much criticism including that they caught within their scope traditional bed and breakfast businesses - a move that was disproportionate and unnecessary. 6/11
Amended regulations were introduced a few months ago and the LocalGov Committee completed taking oral evidence on them 2day. They remain problematic, over-prescriptive & powers for local authorities to refuse licences on the basis of over-provision have been removed by Govt. 7/11
It remains to be seen what happens next but I expect them to be pushed through Parliament by SNP and Greens. The fundamental problem all along has been twofold. 8/11
Firstly, the Govt has been far too close to transnational corporations such as AirBnB and the need to have effective regulation has been sidelined by the desire to appease powerful lobby groups. 9/11
2ndly (& most fundamentally), ScotGov has consistently sought to control the regulatory process instead of providing councils with a simple framework of planning & licensing & let them decide how to implement it in their areas. 10/11
Councils should be empowered.. Edinburgh could clamp down hard in the residential city centre whereas Highland could target policies at rural hotspots and ensure that traditional self-catering and B&Bs are subject to light-touch licensing. Regrettably this hasn't happened. 11/11
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