An opinion went on 30th August 2024 to City of Edinburgh Council containing senior counsel, James Finlay KC, opinion that the Council’s approach to issuing 3 month suspension notices are unlawful.

The opinion was sent on behalf of the ASSC, with funding provided by the Save Self Catering Team. STL Solutions were also heavily involved in the strategy and collating information for the legal teams.

In summary the opinion found:

(i) the Council is taking a blanket and arbitrary approach without giving proper consideration to the particular circumstances of each application;

(ii) there is no rational basis upon which the Council could base its decision to suspend consideration of an application based solely from the information in the Licence Application (or elsewhere in the various assessments);

(iii) the Council has unlawfully imposed an onus on applicants to demonstrate they have planning permission or have a lawful use (which may include still effectively operating on the basis short-term let control areas are
retrospective, contrary to Lord Braid’s opinion); and

(iv) the reasons given were defective.

The ASSC requested that by 11 September 2024 the Council confirm they would rescind the Suspension Notices (failing which petitioners would apply for judicial review).

We are pleased to confirm the council yesterday confirmed they have:

“therefore decided to rescind the suspension notices as you have requested.”

The council have also indicated:

“Licences will now be issued in respect of those suspended applications which were otherwise complete and have no other outstanding issues to be determined.”

In their response, the council has also stated their reservations on the matter, highlighting that:

“This should in no way be taken as an indication of acceptance that planning permission is not
required in relation to any application.”

On 16th September, hundreds of operators received the following communication from CEC:

We wrote to you with notification that consideration of your short-term lets licence application X was suspended to allow you to make an application for planning permission. There has now been a decision to withdraw the suspension notice and your licence application will be granted. This does not affect any requirement for planning permission, and where this is needed you must ensure that an appropriate application is made in order to comply with licence conditions. Your licence documents will follow in due course.

This also has implications for similar requests being made in other council areas.

Fiona Campbell, Chief Executive, Association of Scotland’s Self Caterers, said:

“While we are obviously delighted that City of Edinburgh Council has been pushed to reverse its position on three-month suspensions, we also must look again at why we are here. Despite countless engagements with Scottish Government ministers and officials spanning years, the legislation which has been forced on the short term let sector in Scotland is, once again, shown to be not fit for purpose. This is now the third successful challenge to the legislation, and we will continue our efforts to make any necessary interventions in Edinburgh and beyond in the best interests of our members.”

Find out more about the three successful legal challenges against City of Edinburgh Council here.

Scottish Housing News: Edinburgh Withdraws suspensions for short-term let operators with no proof of planning permission, 13/10/24

Scottish Business News: Third successful legal challenge to CEC, 13/10/24