Mixed reactions in Badenoch and Strathspey after legal spanner in STL plans

Highland Council has said that a legal ruling making part of a proposed short-term let control area for Edinburgh unlawful does not have any impact on plans for a similar zone in the strath.

Large parts of the policy appear to be in accord but not the central plank of the case brought to the Court of Session last month by four objectors after Crowdfunding had raised £300,000 to challenge the restrictions.

Lord Braid ruled against the proposed ban on allowing entire flats within tenement blocks to be used as holiday lets unless their owners could demonstrate why they should be exempt.

There are no tenements in Badenoch and Strathspey which is the only other part of Scotland at this time seeking to bring in restrictions on short term lets in a bid to tackle the shortage of affordable homes.

The new STL control area which will cover the entire strath will formally be established from this Sunday (June 18).

A spokesperson for Highland Council said: “We note the Court of Session judgment of 8 June 2023 in respect of the City of Edinburgh Council’s short-term let licensing policy.

“This judgment relates specifically to the City of Edinburgh Council’s policy on short-term lets and it does not have a direct impact on the Highland Council’s own policy or processes.”

Badenoch and Strathspey Highland councillor Bill Lobban has been one of the driving forces behind the control area for the strath due to come into force next week. He said: “Given the circumstances it is right and proper for the council to take legal advice regarding the STL Control Area.

“I would, however, point out that this advice is solely about the Control Area which is a planning matter and not the recent licensing issue involving Edinburgh Council.”

The plan to regulate Airbnb-style lets in Edinburgh is due to come into force in less than four months’ time.

The legal action at Scotland’s highest civil court was brought by four petitioners – Ralph Averbuch, Glenn Ford, Louise Brook and Craig Douglas.

More than 1000 people donated more than £300,000 to the largest Crowdfunder in Scottish legal history.

Local expert Jane Shepherd, The Town Planner, told the Strathy: “This is yet another delay which will further impact my clients who have already been waiting many months for their planning decisions. It’s very difficult to understand why these applications cannot be assessed and decisions made now under the current planning situation rather than being delayed even longer.”

Mark Tate, chief executive of the Cairngorms Business Partnership, said: “The members of our community who operate businesses, create employment and support communities ask for one thing above anything else, continuity. With a U turn on the deposit return scheme, the Court of Session decision on the unlawfulness of elements of Edinburgh City Council’s short term let licensing scheme and now this delay in the implementation of the short term let control area, businesses are operating in an environment were they cannot even rely on proposals made by government and local authorities.

“We have been warning of the potential impacts of much of this ill-thought out legislation. Many of our members have submitted planning applications to Highland Council, in good faith, some over six months ago. This has been at considerable time and expense. We call on Highland Council to determine these applications on current planning policy to avoid further delay and uncertainty which is severely impacting our economy and the members of our community who operate businesses within it. In the meantime we would ask Highland Council to revisit this proposal and undertake a full economic impact assessment before taking it forward.”