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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 31 March 2026
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Displaying 1474 contributions

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Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

I will bring in Anita Stewart in a second. The important point is that, right at the start of this process, we said that we would pull the expert group together. It will be incredibly important as we go through the implementation updates and discuss what we do going forward. We have met VisitScotland and a number of other groups that also have an interest in the matter. As for the expert group itself, Anita Stewart has been dealing with the remit, membership and timescales. I will bring her in and come back after she has given a bit more detail about the logistics and why we pulled the group together.

11:15  

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

I will bring in Andy Kinnaird in a little while. We have had various proposals about how we make that process a lot quicker. Edinburgh, for example, has the ability to do that in the short-term lets control area, as has every other local authority. I know that Highland Council is looking at an area or two at the moment. That separate ability relates to a planning point of view.

On licensing, one of the keys things that has come up if a licensing application is going in is whether there is a material change of use. Again, it has been up to each local authority to look at that.

Anita Stewart talked about the broader review that the expert group, chaired by VisitScotland, will look at. The group will go into planning and licensing in a little bit more detail. I will bring in Andy Kinnaird, because I know that he has been looking at the process of licensing and planning. He may want to make other comments, too.

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

I come from a local authority background and I know that there are obviously different licensing regimes operating. It is very much the case that, if a complaint is received, it will be investigated and the approach will be to ask whether there is something that can be discussed, before it gets to the enforcement stage. There is always that first stage, because enforcement will always be the last resort. We have seen, in any previous licensing regimes, that it is always about having a discussion to try to alleviate the problem and, if not, enforcement is the last resort. As Anita Stewart said, it is about making sure that, if something is reported, we speak to local authorities and police authorities about the best way to deal with it. Local approaches will vary, but it is about following the existing regimes and licensing schemes. Talk to people, try to alleviate the problem or take it away and, if not, enforcement is the last resort. We cannot have people operating illegally, under either this or any other licensing scheme. It is very much about following the procedures that are there for existing licensing schemes.

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

We have been aware of some such applications being made. It comes back to the point about where things sit legally if people apply for licences when there is not anything there. The issue has been raised with us, and I will bring in Anita Stewart and Margaret Main to talk about the legal aspects.

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

I am trying to understand the question. I will bring Anita in.

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

Again, I will bring in Anita Stewart on the specifics. Enforcement was raised early in our discussions. It very much depends on what the actual issue is that requires enforcement. The subject was discussed with Police Scotland and I know that Anita Stewart has talked with local authorities about that and about what we need to do. Enforcement has not been widely abused or used at this particular time.

Issues very much depend on whether it is Edinburgh or the Highlands, for example. Again, the review will look at whether enforcement is a significant issue. I will bring in Anita Stewart, but I am aware that there have not been issues in any significant numbers. It will be very much down to where the local authority is, what the issue is and what we need to do to make sure that that is okay.

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

As you will probably know, there have been high numbers of applications in some areas, such as the Highlands, and there has been some anecdotal evidence about applications coming in very late in the process. We have been in discussions with individual local authorities on the general numbers, and we will also discuss with them where they are with complex cases. There are always discussions with SOLAR and individual local authorities when the level of applications is higher than we expected. There will be a degree of complexity with some cases, and such issues are discussed in our regular discussions with local authorities.

The key message to get across is that existing holders are still allowed to operate while a new application is considered, and it is in their interests to ensure that the correct information and everything else comes through as quickly as possible. If the person was an existing operator before the application was made, they can, of course, continue to operate during that time.

We have had discussions with local authorities that have had a much higher number of applications than was expected, which is obviously a good sign for the local authority.

I do not know whether Anita Stewart wants to add anything.

11:30  

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

The vast majority of cases should be dealt with within that period. For complex cases that require various pieces of information, you would expect the local authority to take that into account in its timescales. The local authority should make an assessment at the start of the process, when an application is received. As Anita Stewart said, we have discussions with individual local authorities on those issues.

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

I have a few other statistics to mention. By the end of June, according to public registers and other information, 30,299 licensing applications had been made. The current figure is 34,285. There are local authorities that are still processing the data, so we expect that figure to be higher. The level of refusals—cases in which licences have not been granted—has been very low.

Broadly speaking, the number of applications that have been made is slightly ahead of what the estimates suggested prior to the inception of the licensing scheme.

Local Government, Housing and Planning Committee

Short-term Lets

Meeting date: 19 November 2024

Paul McLennan

We have touched on that, but I will clarify the position. A key issue that was raised when I was a member of this committee was on-going monitoring, which is really important. A general point to make is that there has been an on-going process of engagement, which is also really important. We have had a number of meetings with the ASSC, the STA, SOLAR, VisitScotland and the expert group, so that has almost built in informal monitoring. There have been numerous meetings and discussions.

The amendment order, which has been mentioned, demonstrated that we were listening, and we continue to do so. The expert group is very much about listening to the sector, and the implementation update included some responses. The expert group, which includes people who work in the sector, can make recommendations. That shows that we are willing to listen, and, as I said, I will write to the committee on what comes through.

Anita Stewart talked about the timescales. It is not a long period, but it is important that, as we move towards next summer, we think about whether we need to change anything as a result of what the expert group says. We will provide another implementation update in 2025.

It is important to say that it is an on-going process. We have demonstrated that we are listening. As you would expect with any Government, we have not agreed with every comment that has been made, but we have demonstrated that we continue to listen, including to the expert group.

As I said, we will come back to the committee with an update report and if there is anything else that we think we need to do. The expert group’s recommendations will be key, as it might want us to look at some things in more detail. We will consider what the report says and come back to the committee at that stage.