The Association of Scotland’s Self-Caterers (ASSC) has submitted a formal proposal to the City of Edinburgh Council calling for urgent planning reform to address the ongoing confusion surrounding Mandatory Condition 13 (MC13) of the short-term let (STL) licensing scheme.
The submission follows a significant development at the Council’s Regulatory Committee on 19 May 2025, where a motion — supported by a Liberal Democrat amendment — requested a meeting with the Housing Minister to discuss how persistent misunderstandings around MC13 might be resolved. The amendment recognised that both residents and STL operators are struggling with unclear and inconsistent interpretations of the planning permission requirement, and acknowledged the complex and subjective nature of planning law.
In its correspondence to Council Leader Jane Meagre and Regulatory Convenor Cllr Neil Ross, ASSC welcomed this proactive step and highlighted the urgent need for legal clarity. The letter reinforces a key observation made during the committee discussions: if the Council itself struggles to define when a “material change of use” occurs, how can ordinary applicants be expected to comply?
To address these long-standing issues, ASSC has formally submitted its Proposal to Introduce a New Use Class Order for Self-Catering Units and Second Homes, which is currently being reviews by Scottish Government Ministers. The proposal recommends amending the Town and Country Planning (Use Classes) (Scotland) Order 1997 to create two new classifications:
ASSC argues that introducing these new Use Classes would replace the subjective “fact and degree” test with a consistent, codified system, reduce conflict between planning and licensing, and ease pressure on enforcement and appeals. It would also restore confidence for operators, residents, investors, and planners navigating a complex and often contradictory regulatory environment.
The submission is supported by legal analysis and recent case law, including the Muirhead and Averbuch judgments, which have criticised the conflation of planning and licensing systems and raised potential breaches of property rights under Article 1 Protocol 1 (A1P1) of the European Convention on Human Rights.
ASSC has urged the Council to consider the Use Class proposal as part of its engagement with the Scottish Government and expressed its ongoing willingness to work constructively with local and national partners.
“As ever,” the letter concludes, “we look forward to working collaboratively with City of Edinburgh Council to find mutually supportive solutions.”
The full proposal and supporting briefing are available upon request.