“We are pleased to report that Harpers Concierge very generously donated £5,000 to the ASSC Advocacy Fund over the weekend. This contribution was directly prompted by our formal correspondence to Scottish Ministers on 30 January and sends a strong signal that members recognise both the seriousness of the situation and the need for decisive action.
Despite sustained engagement, it is becoming increasingly clear that voluntary policy correction alone may not resolve the fundamental problem. We are now facing a systemic conflation of planning and licensing, coupled with inconsistent and unpredictable decision making by local planning authorities and Scottish Ministers’ Reporters. This is no longer an isolated issue. We now have clear evidence of the same failures emerging across multiple local authority areas, including Highland, West Lothian, East Lothian, South Ayrshire and beyond.
ASSC continues to press the Scottish Government for immediate corrective action, including a moratorium on planning enforcement and urgent amendments to national planning guidance. However, we must also be realistic. In the absence of meaningful intervention, a legal challenge may ultimately be required to restore certainty, proportionality and lawfulness.
On the advice of senior counsel and our solicitors, Burness Paull, there is a credible basis for a challenge grounded in incompatibility with the European Convention on Human Rights, particularly Article 1 of Protocol 1 relating to the peaceful enjoyment of possessions. That advice has already been formally put to Ministers, and the legal risks to public authorities are clearly set out in writing.
In parallel with continued political engagement, we therefore believe it is both responsible and necessary to begin building a dedicated legal war chest. This is about preparedness. It ensures that, if a full challenge becomes unavoidable, the sector is ready to act collectively, strategically and from a position of strength.
We would encourage members and supporters to contribute to the Advocacy Fund if and when they are able. Every contribution strengthens our ability to defend lawful businesses, challenge flawed decision making, and secure a fair and workable regulatory framework for self-catering in Scotland.
This is not passive advocacy. ASSC is actively, carefully and substantively pursuing every available route to protect the sector.”
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