PLANNING SERVICES

Planning Permissions

Planning permission covers a wide range of works and operations undertaken at a property.
In the Short-Term Lettings context, an application for Planning Permission seeks consent to operate a property for Short-Term Letting by formally changing the lawful use of the property from its existing use to some form of commercial, short-stay use.

Different Local Authorities have different policies in this area, with each application determined by comparison to a ‘Development Plan.’ Knowledge of exactly how an application will be treated is key to deciding if it is appropriate, recommended, or likely to succeed.

We have assisted clients in obtaining planning permission for Short-Term letting, including for flats, and very recent appeal successes show that it is now possible to achieve planning permission in a range of circumstances. This now includes shared-stair flats in Edinburgh.

Well-written applications which address the correct aspects of Development Plans are key to success and applications should always be carefully worded to ensure the consent applied for is as achievable and commercially viable as possible.

 

Certificates of Lawfulness.

Not all forms of short-term letting require planning permission. A Certificate of Lawfulness demonstrates that an existing (or proposed) use of a property (such as for Short-Term Letting) is already lawful.

Obtaining a Certificate of Lawfulness demonstrates that Planning Permission is not required or a proposed (or existing) use and renders that use immune from Planning Enforcement Action.

Applications generally fall into two categories:- 
 
1.That the existing (or proposed) use does not constitute “development” (in its legal  sense) and is therefore already lawful. 
2.That the use has persisted for so long without attracting enforcement action, it has  become lawful by operation of law. 
 
The law in this area is often contentious, in both its content and its application, and the  application process can be technical.  Resulting interactions with Local and Appeal Authorities can be challenging. We therefore recommend engaging one of our consultants tocraft your particular arguments before committing time and money to any 
application.
Planning Permission
Applications
10-year Certificate of
Lawfulness Applications
Proposed use Certificate of
Lawfulness Applications
Existing use Certificate of
Lawfulness Applications
Whole of Scotland
Focus
Detailed local and national
knowledge

Strategy Development Points

Conduct thorough research on local authority policies regarding planning permissions for short-term lettings.

Analyze the demand for short-term rentals in your area and identify potential gaps in the market that your property could fill.

Investigate competitors operating in your area, their offerings, and their success rates in obtaining planning permissions.

Develop well-structured planning permission applications that align with local development plans, increasing the likelihood of approval.

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