In September last year, the local authority became the first short term let control area in Scotland, meaning that planning permission is required to offer a flat or a house for a short-term let that is not the home you live in.

A report was discussed yesterday and the updated guidance was agreed taking account of an amendment from the Green Party.

Applications for a change of use to short-term let accommodation will be assessed and determined against the development plan, both with respect to LDP policy Hou 7 and National Planning Framework 4 (NPF 4) policy 30(e), and material considerations. The information below principally provides guidance in respect of LDP Policy Hou 7. It may also provide some assistance in considering NPF 4 Policy 30 (e) (i). 

The character of the new use and of the wider area.

• Where the location is predominantly commercial in character and there are no residential properties in nearby, adverse impacts on amenity are less likely. This means it is more likely short-term lets (STLs) can be supported in such locations.
• Where the location is mixed in character (residential/commercial) regard will be had to the nature of surrounding uses and the proximity of the proposal site to residential properties. Where there is likely to be a further deterioration on residential amenity in such mixed areas, it is unlikely that short-term let proposals will be supported.
• Where the street has a quiet nature or low ambient noise levels (particularly at night-time), STL will not generally be supported. No weight will be given to the existence of neighbouring unlawful STLs as justification for the grant of planning permission for an STL.
• The Planning service will assess the merits of any proposal against its impact on the lawful planning use of nearby properties. Where the area is, it is unlikely that short-term let proposals will be supported.

The size of the property.

• Larger properties can have a greater capacity for guests. Where there are greater numbers of guests, there is increased potential for noise and disturbance. Both the number and size of rooms will be taken into account when considering this.
• The pattern of activity associated with the use including numbers of occupants, the period of use, issues of noise, disturbance, and parking demand.
• If the property is accessed off a stair where there are other flats off that stair, it is very unlikely that a change of use will be supported. This is because it has been found that existing residents of flats within stairs are particularly affected by the pattern of activity which often results from STL use where multiple sets of guests stay for short periods of time throughout the year. Guests of the short-term let properties can arrive late at night and make noise and cause disturbance in a way which residents of that stair would not, given they will know of the impacts that they have on one another and be able to manage those impacts in a neighbourly way. Examples of disturbance include bumping suitcases up stair and using washing machines in the middle of the night.
• If the property does have its own main door access regard must be had to the other criteria.
• Planning permission is granted to property rather than individuals, which means that property can change hands and be operated in a different way than was intended by the applicant for planning permission. Because of this, when considering the pattern of activity associated with a use, only limited regard can be had to how an applicant intends to manage that.
• It should be noted that licensing of STLs is separate from the planning system.

The nature and character of any services provided.

• Where there is access to a communal garden which can be used by existing residential properties, or where there is a garden that would form part of the curtilage of an STL and would be in close proximity to residential gardens, STLs will generally not be supported. Where parking is provided, this will be considered within the context of the Council’s parking policies and guidance.

Cllr James Dalgleish planning convener said: “Around a third of all short-term lets in the country are here in Edinburgh which is why we have a control area in place in the capital. It is our goal to implement fair and robust Short Term Let Guidance, to make sure we have a sustainable approach going forward to balance the needs of our city, businesses and our residents.

“It’s important that those operating short-term let accommodation can only do so if they have planning permission where this is needed. This means If you rent out a property you own for short-term lets and don’t live in it you need to apply for planning permission to change the use of the property from residential to a short-term let.

“Going forward the guidance will make it clear how decisions will be made for all involved.”