Industry Update via ASSC: Lord Braid found in favour of Judicial Review Petition regarding City of Edinburgh Council’s Short-Term Let Planning Control Area

Lord Braid has this morning (Friday 1st December) found in favour of Iain Muirhead And Dickins Edinburgh Limited’s Judicial Review Petition regarding City of Edinburgh Council’s Short-Term Let Planning Control Area. 

Lord Braid has found that City of Edinburgh Council’s approach to the requirement for planning permission for STLs is unfair and illogical. Lord Braid also found that CEC’s application process actively discourages existing users from applying for a licence. He found that CEC must change its approach in light of his opinion.

The court has declared that S26B (the requirement for all STLs to apply for planning permission within a Planning Control Area) does not apply retrospectively, and so does not affect STL operators where change of use occurred before the designation of the STL area. This will affect STL operators across the whole of Scotland.

Fiona Campbell, CEO of the Association of Scotland’s Self-Caterers, commented:

“The ASSC welcomes this judgment from Lord Braid which not only has profound implications for Edinburgh, but short-term let policy across Scotland.

“We pay tribute to the perseverance and determination of the two Petitioners, Iain Muirhead and Louise Dickins, who have borne huge personal and financial costs once again. This grassroots action was not undertaken lightly, and they took the courageous decision to bring this action against Edinburgh Council to protect not only their businesses, but also an industry that is critical to both the capital’s economy and the entire tourism sector.

For years, the industry has in good faith attempted to secure a fair, proportionate, and workable regulatory framework by engaging with local and national government. Regrettably, the appropriate balance wasn’t struck in Edinburgh, and we hope, in light of this judgment, that we can now work constructively and cooperatively with the Council to put matters right.

“Lord Braid’s judgement has ramifications far beyond Edinburgh.”