Scottish Government Rejects Call to Delay STL Regulations

The ASSC shared proposals with MSPs, as well as Scottish Government Cabinet Secretaries/Ministers, to pause the implementation of short-term let regulations in light of the cost of living crisis.

We welcomed that Scottish Ministers were keen to explore all areas of recent and proposed devolved regulation on Scottish businesses as well as any financial costs that companies may be asked for around such things as licensing, certification etc.

We encouraged Ministers to meaningfully explore if there was scope to consider how any of these regulatory impacts could be moderated to try and help reduce the burden on business over the short-term and during the current cost crisis.

Read the ASSC proposal: ASSC Cost of Living Crisis Briefing

Regrettably, this was rejected by the Scottish Government yesterday in a letter from the Cabinet Secretary of Housing, Shona Robison MSP. 

Read the letter: Response 202200321133

Planning Fees in Edinburgh

Following the national fee changes in April 2022, there are two further important changes to planning fees specific to Edinburgh. This approach has also been taken in Perth and Kinross.

“To reflect these changes, we have created a Planning Fees Charter which is now available on our website.

  • From 1 October 2022 retrospective planning applications will be subject to a 25% surcharge
  • Reduced fees: some fees for not for profit or social enterprises can now receive a 25% discount

Below is a summary of the changes:

Retrospective Applications

A retrospective application is an application for planning permission for a development which has already commenced or has been completed without planning permission.

Retrospective applications often result from Enforcement enquiries but can also be the result of other factors. A surcharge on retrospective applications is being introduced to provide a means of recovering some of the costs of carrying out enforcement investigations.

From 1 October 2022, Edinburgh Council will be imposing the maximum 25% surcharge allowed by the regulations.

As an example, an average householder application for a summerhouse in retrospect, would mean the normal application fee of £300 plus a further 25% (£75).

If you are submitting a retrospective application, it is important that you highlight this at the time of submission.

The surcharge will not be calculated when an application is submitted on e-planning.scot. This is because e-planning is a national service which does not consider individual charges by local authorities. This will mean that the extra fee will be requested when your application is registered. If the required surcharge is not paid, your application will not be progressed to determination.

Reduced Fees

Starting immediately, Edinburgh Council will reduce the fee by 25% for applications which relates to development which

  • has the primary purpose of contributing to a not for profit or social enterprise
  • relates to development which is likely to contribute to improving the health of residents in the area to which the application relates.

Applications must meet both the above criteria to be considered for an exemption.

The amount levied will depend on the type of application. For example, a £300 fee would be reduced to £225.

The full statutory fee should be paid when the application is submitted. The Council will make a decision on receipt of an application as to whether a 25% reduction is applicable and will refund the applicant accordingly.

Prospective applicants should make clear in their supporting information if they are seeking a reduction in the application fee.

Clear justification should be given for why the applicant believes that a reduction in the fee is applicable.

For full details, see our revised Planning Fees Charter.”

Licensing and Planning – Will You Need Planning Permission?

Part of the licensing order for Short-Term Let Licensing includes provision for local authorities to ask for evidence of planning permission. Different local authorities are taking a different approach to this.

Will planning stop me getting a licence? It may do and not only if you are in a planning control area. Councils can exercise their right to preliminary refusal if there is no planning in place or applied for. Applicants will have three months to exhibit proof of planning consent or certificate of lawfulness (COL), or that they have applied for planning or a COL.

Perth & Kinross have published a checklist to identify if you need planning permission.

Other local authorities are taking a more pragmatic approach and only requiring evidence of planning in Planning Control Areas.

We will know more once applications go live in the coming weeks.