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Brodies LLP Legal Opinion: Requirement for Planning Permission

Brodies LLP Legal Opinion: Requirement for Planning Permission

ASSC Key Points Briefing: Brodies LLP Legal Opinion (November 2022)

  • In November 2022, Brodies LLP – a leading law firm in the UK – prepared a legal opinion for the Association of Scotland’s Self-Caterers regarding planning requirements for short-term holiday letting. You may find this opinion useful in response to any concerns raised by a planning authority regarding your property.
  • The paper opines that the requirement for planning permission for short-term holiday letting depends on whether the premises are situated within a short-term let control area. Licensing requirements are not made under the planning legislation and are not relevant to determining whether planning permission is necessary.
  • In all other areas, planning permission is not necessarily required for a change of use to short-term holiday accommodation. In fact, the question of a change in material use depends on the individual circumstances of each premises and planning authorities must take this into account.

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