ralphaverbuch Profile picture
Sep 15 18 tweets 3 min read Twitter logo Read on Twitter
I was one of four petitioners of the original Judicial Review team that challenged the @Edinburgh_CC’s implementation of the Short Let Legislation - specifically licensing policy. It was found to be left wanting and was deemed, in places, unlawful. #SaveSC
That set precedent which suggests that plenty of other #Scottish Local Authorities are similarly operating with unlawful #STL licensing provisions.
You may have heard that there are a number of further legal challenges. The most notable, this time, is tackling the lawfulness of @edinburgh_CC planning decisions regarding its retrospective axing of, as of now, well over 100 pre-existing local #STL operators.
Previously these local Scottish operators were told they didn't need to seek planning for use as short-term accommodation as it was not deemed a material change.
As we know, those goal posts have been moved and rather than apply this to future games under the new rules, they seek to change the outcome of past matches.
So why am I telling you all of this? Quite simply I think that this STL law is a travesty of natural justice and has drawn many people into its clutches who should never have been included. I have fought for what I think is right and continue to do so.
However, I cannot tell anyone else what they should or should not be doing in the next two weeks. But I will tell you what I intend to do.
I am applying for an #STL Licence in #Edinburgh. I’m doing so under duress. I feel the charges are an outrageous over-step (in my case £90 per month in licencing fees).
This from a Council already mired in controversy regarding its own highly questionable practices and behaviour vis-a-vis leasing of Council assets, our assets, to offshore-based aparthotel developers.
Developers that conveniently siphon away funds abroad and somehow fail to make a profit on paper. Let’s not overlook @Edinburgh_CC being party to a Joint Venture in developing a Hyatt hotel in Haymarket, #Edinburgh.
This makes the gamekeeper a poacher and I find it deeply disturbing that this same Council decides the fate of many small local #Scottish short-stay accommodation operators.
This is just not ethical by any standard, no matter how much we’ve seen good governance slide in the last 13 years.
So I will apply and participate in the @Scotgov’s appallingly poor piece of licensing legislation but it’s not over. This cannot stand. It must be significantly improved and both national and local government needs to come clean on what its real agenda is.
We need honest brokers who call a spade a spade rather than operate in ignorance based on hearsay and poorly researched scraped web data to form the basis of our laws.
This is no excuse for the inevitable harm this legislation is already causing and will cause to many more, both in the STL business and beyond, before the supposed review of how it is performing sometime later in 2024.
@PaulMcLennan7 has not acquitted himself well since taking on this responsibility. I hope, if he is fortunate enough to remain Housing Minister he makes more effort to not only listen, but respond to real issues that have been raised with him from the sector.
It's not enough to say he engaged. Asking for a letter of concerns and possible solutions & then doing nothing to act upon it is not engaging. It's wasting people's time. He is supposed to be one of our country’s leaders. Let’s see it. #SaveSC
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More from @ralphaverbuch

Sep 13
Today there's a debate in Holyrood where serious concerns about the impact of impending STL legislation will hopefully be addressed. #SaveSC
There's been a lot of claims from @PaulMcLennan7 which, quite frankly, do not fit with reality. In #Edinburgh, 7 S/C Units (secondary lets) have gained a licence. #SaveSC
My big concern is one of Scotland's key revenue-generating businesses is the hospitality sector which employs large numbers of Scottish operators & an ecosystem of support businesses. #SaveSC
Read 10 tweets
Sep 6
Let’s be clear. The public is being misled. @PaulMcLennan7 says that “No operator to date has been refused a licence.” This is *incorrect*. (1/16)
To even get to apply for a licence in many areas, like #Edinburgh, you need planning permission first. If planning is refused, you can’t apply for a licence. (2/16)
So, what are the facts? Let’s look at #Edinburgh where over 97% of planning applications have been refused since last October. That means almost ALL short term let hosts have been blocked from MAKING a licence application. (3/16)
Read 16 tweets

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