Get all your news in one place.
100’s of premium titles.
One app.
Start reading
Edinburgh Live
Edinburgh Live
National
Donald Turvill

Edinburgh holiday let hosts told to keep applying for licences despite court ruling

Short-term let hosts in Edinburgh have been urged to keep applying for licences if they want to operate beyond September, despite the council's new regulatory scheme being up in the air after parts of it were ruled unlawful.

Edinburgh City Council confirmed the October 1 deadline for applications remains in place "as the date is set in legislation".

Local authority chiefs are "still considering next steps" following the judicial review.

READ MORE: Edinburgh's 'most controversial' Spaces for People schemes to be revisited

They are yet to say whether an appeal will be lodged against the court's decision to strike down aspects of the short-term lets policy, set out in Lord Braid's judgement published earlier this month.

Going to the Court of Appeal would mean spending more time and money to fight the ruling, risking further reputational and financial damage.

Whilst a council source indicated some senior officers were of the view there may be grounds to appeal, this remains the less likely option.

If the judgement is accepted in full it would fall to officials to review the elements found to be unlawful and consider how they can be amended to be brought in line with the law.

Depending on the scale of changes needed, the process could require further consultation before councillors debate and pass the revised policy.

However the council's summer recess, which will see no committee meetings held for six weeks, poses a further challenge to redrafting the scheme in time for it coming into effect.

It is understood that in the event of the deadline passing before the necessary amendments are made, holiday let applications could still be considered against the bulk of the policy which was upheld by the court, with the judgement used as a material consideration in instances where an operator's circumstances are affected by the court's decision.

Another council source said the ruling would only impact "a fairly small set of people" but added the authority had to "get our fingers out and get that policy revised".

Edinburgh City Council said that existing operators - those which were up and running before October 1 2022 - still must apply by 1 October this year if they wish to continue to operate, as the date is set in legislation.

In addition, anyone who operates a secondary let - an entire property used for short-term letting - is required to have sought planning permission, or a certificate of lawfulness if operating for over 10 years, at the point of applying for a licence.

What parts of the policy were unlawful?

Whilst the argument made by the petitioners that the council acted "oppressively and irrationally" in the way it introduced the scheme was not upheld, three specific aspects of the policy were ruled unlawful by Lord Braid following a two-day hearing at the Court of Session in May.

The most significant decision included in the 49-page judgement was to strike down a 'rebuttable presumption' against granting licences for secondary lets in tenement buildings.

Lord Braid said this would "not in fact achieve consistency, nor will it assist applicants in knowing whether or not an application is likely to be granted," adding it was for the planning authority to determine whether a type of property was suitable for us as a short-term let rather than licensing.

He also concluded a presumption against granting temporary STL licences for secondary lets was "irrational and unlawful" as "no indication is given of the circumstances in which they might be granted, or what an applicant must demonstrate in order to obtain one".

And a condition for all secondary lets to have floors covered by a "carpet or similar floor covering" in a bid to reduce noise disturbances was "a disproportionate means of addressing the issue which it is seeking to address," the judge said.

He added: "To the extent that the policy requires carpets for all secondary lets, including ground floor flats and detached houses, I consider that it is irrational and, to the extent that it could expose a licence holder to significant expense for no good reason, it is oppressive and does go beyond what is necessary to control noise."

READ NEXT:

Edinburgh George Street private hire ban could spark legal challenge

Edinburgh's 'moronic' Leith Walk zig-zag cycle lane to have sharp turns 'fixed'

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.