While the ASSC has acknowledged that the revised STL guidance represents an improvement, it does not resolve any of the fundamental issues affecting planning and licensing. Without wholesale further revisions, it is not worth the paper it is written on.
The guidance continues to grossly misrepresent the established legal position in relation to planning. This includes the failure to fully embed key principles arising from recent Court of Session judgments, notably in respect of the prospective nature of control areas and the lawful status of pre-existing uses. The result is a framework that still risks licensing being used as a proxy enforcement mechanism for planning, contrary to its intended statutory purpose.
The Scottish Government has now published updated guidance on the short-term let licensing scheme. The material is presented in two parts: Part 1, which provides guidance for hosts and operators, and Part 2, which offers supplementary guidance for licensing authorities, letting agencies and booking platforms.
The ASSC will review the revised documents in detail and continue engaging with the Scottish Government on the outstanding issues to ensure the framework operates in a way that is lawful, proportionate and consistent with established planning principles.
Read the updated guidance: