Scotland’s Self-Catering Sector Unites to Defend Legal Rights in Landmark Court Case
Scotland’s self-catering community is coming together to support a vital judicial review challenge brought by one of our members, following the recent dismissal of her appeal to the Scottish Government’s Directorate for Planning and Environmental Appeals (DPEA) against an enforcement notice in Edinburgh – a case with significant implications for the entire sector.
Why This Matters to Everyone in Our Sector
This case represents a pivotal legal test for Scotland’s self-catering / short-term let sector. If successful, it will set critical precedents that protect operators’ rights to use their properties within the existing legal framework. The core legal arguments have wide-reaching implications:
- Adequacy of decisions/proper methodology of decision. The case would challenge the validity of the decision based on stated reasons, which do not address the effect of the Use Classes Order where short-term letting is concerned. Too many operators are subject to inconsistent decisions and poorly stated “boiler-plate” reasoning, leading to ongoing uncertainty for all operators.
- Class 9 Interpretation: The case challenges the misinterpretation of Class 9 under the Use Classes Order. A favourable ruling would confirm that accommodating guests as “residents” (up to five individuals) does not amount to a change of use requiring planning permission.
- Licensing and Planning Misalignment: It exposes the contradiction of being granted a short-term let licence while simultaneously facing enforcement action for the same activity.
- Protection of Property Rights: The case argues that enforcement actions are disproportionately interfering with operators’ rights under Article 1, Protocol 1 of the European Convention on Human Rights.
Legal Assessment
Our legal advisors have assessed this case as having moderate to good prospects of success. The petition identifies seven robust grounds for judicial review, including:
- Failure to provide adequate reasons for decision and to apply the correct legal test, namely;
- Misinterpretation of Class 9 of the Use Classes Order
- Failure to apply relevant case law
- Irrational approach to material change of use assessment
Benefits of a Successful Challenge
A successful judicial review could benefit all self-catering operators by:
- Creating Binding Precedent: Establishing case law that planning authorities across Scotland would need to follow, preventing similar actions against other compliant operators.
- Providing Legal Clarity: Offering guidance on how Class 9 should be interpreted in relation to short-term letting, reducing uncertainty for property owners.
- Strengthen the Case for New Use Class Order: Provide compelling evidence for the need to establish a specific short-term let use class within the Use Classes Order that explicitly protects existing operators through grandfathering rights.
- Reducing Regulatory Burden: Potentially eliminating the need for change of use applications in many cases, saving members time and money.
- Strengthening Industry Position: Reinforcing our position that all properly managed short-term lets are compatible with residential use and planning regulations.
- Protecting Investment: Safeguarding members’ investments by ensuring they can continue operating with greater security.
This is your opportunity to stand up for your business, your livelihood, and your legal rights.
We Need to Raise £63,000 – Every Pound Counts
To get this case to court, we urgently need to raise £63,000 to cover legal fees, court costs, and potential liabilities for judicial review costs.
We invite all operators across the self-catering community to contribute according to your means. As a guide:
- Small Operators (1–2 properties): £250
- Medium Operators (3–10 properties): £500
- Large Operators (11+ properties): £1,000
- Corporate Supporters: £2,500
Every contribution matters, regardless of size – is valuable and deeply apprecaited. What’s most important is that we stand united at a critical moment for our sector.
Funds must be raised by 18 August 2025.
⏳ Time is short – the Judicial Review petition must be filed by 11 August 2025.
Support the Legal Challenge Now
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All funds raised will go directly to supporting this case or future legal and policy actions via the ASSC Advocacy Fund, which exists to protect the lawful right to operate in our sector.
We will provide full transparency throughout the process, with updates to all contributors on progress, milestones, and the legal journey ahead.
The Time to Act is Now
This is more than a legal case – it’s a collective stand to protect the future of self-catering in Scotland. Whether you own a single property or manage a national portfolio, this fight affects you.
Support JR3. Safeguard your business. Secure our industry’s future.