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New data reveals that hundreds of properties in Edinburgh are functioning as short-term holiday lets (STLs) despite being denied planning permission. According to housing campaigners, out of 1,754 entire homes in Edinburgh licensed for short-term letting, around 800 have had their planning applications refused. Despite this refusal, these properties continue to be advertised on platforms like Airbnb due to their holding of valid licences. Campaign groups are urging Edinburgh City Council to strengthen enforcement measures against those operating without proper planning consent, including issuing fines. Meanwhile, operators argue that the STL regulations introduced in 2023 are flawed and not effectively enforced.
Edinburgh City Council emphasizes that its licensing system is designed to ensure holiday lets are safely managed and properly regulated. The laws, introduced partly in response to concerns about housing availability and anti-social behaviour, particularly in high-demand areas such as Edinburgh, require all STL providers to obtain a licence. Those renting out entire properties must also have planning permission if they do not live on-site regularly. The requirement extends to some residential properties that had already been used for short-term lets before the introduction of control zones in September 2022. Industry insiders highlight that planning consent is now expected for all whole-property lettings, yet the majority of applications are being turned down.
An analysis carried out by Living Rent and the Leith Harbour & Newhaven Community Council, which reviewed public licensing and planning records, found significant discrepancies. As of early September, 1,754 entire homes held short-term let licences, but only 529 of these had the required planning permission; 1,225 did not. Notably, 800 licensed properties had planning applications refused and had not won those refusals on appeal. Holiday lets can continue operating with a licence until it expires, generally within one to three years. Enforcement action against those without planning permission is discretionary, guided by an approach described as “reasonable and proportionate”. Concerns have been raised about some owners submitting planning applications during the licensing process and then withdrawing them once a licence is granted, thereby circumventing rules.
The impact of these unregulated short-term lets is felt keenly by residents. Katie Beale, a local living in Leith, described the frequent disruptions caused by transient guests in her building, including noise, misuse of communal spaces, and anti-social behaviour. She said, “Your stomach just drops when you hear the wheelie suitcases coming up the street.” On the other hand, Paul Phillips, who owns one of the licensed but refused properties, stressed the frustration caused by the regulatory uncertainty. He highlighted the significant costs involved in compliance and called for a sensible review of the legislation to balance the needs of responsible operators and affected communities. The City of Edinburgh Council is currently managing hundreds of enforcement investigations related to both licensed and unlicensed short-term lets, reflecting ongoing tension between maintaining housing stock for residents and regulating holiday accommodation
Read the full article from The BBC here: Read More
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