Short Term Lets

Due to a legal “loophole”, at present an individual can legally apply and be granted an STL secondary license and potentially the renewal of that license, without either 1) planning consent, or 2) a formal planning decision that it is not required, as long as a planning application is pending. This is down to a particular licensing condition called Mandatory Condition 13.

This is causing a degree of confusion amongst operators who, despite having planning applications rejected, keep re-submitting under this loophole and giving rise to concern in communities where STL planning applications have been rejected but short term letting operation continues.

Sanne Dijkstra-Downie MSP, Cllr Hal Osler and Cllr Neil Ross met with residents from the Stockbridge Colonies to discuss their concerns about this loophole and the impact this is having on the community. From this, Cllrs Ross and Osler persuaded the October Full Council to ask the Council Leader to write to the First Minister to close this loophole by amending MC13 and requiring applicants to have planning permission in place (or reason not required) before a secondary STL license can be granted.

Hal Osler says “firstly I want to thank the residents of the Colonies for approaching me to begin with and for taking the time as a community to discuss this matter. The STL regulation/legislation as it stands presently is not fit for purpose and needs to be amended so that communities and operators fully understand where secondary lets are acceptable and where they are not. I hope the First Minister will look at our suggestions and provide the clarity that everyone is asking for.”