HomeBusinessEdinburgh's short term allows a legal exemption for Fringe Achi-News

Edinburgh’s short term allows a legal exemption for Fringe Achi-News

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It is understood that the council has set up a fast-track team to process applications for temporary exemptions ahead of the Fringe.

This comes after Scottish Housing Minister Paul McLennan said council chiefs could “de-apply” the license conditions following a meeting with Edinburgh City Council leader Cammy Day and members of the Edinburgh Fringe Festival Association.

This followed concerns about pressure on accommodation raised by the Scottish Tourism Alliance and the Scottish Self-Catering Association following the introduction of short-term lets legislation in Scotland.

READ MORE: Scotland’s holiday home law is ‘botched’ compared to England

The extent of the stress was highlighted by former TV presenter Gail Porter who said she was getting “priced out” of attending his show in Edinburgh.

Council papers show that discussions have taken place on “the impact of the short term licensing and planning arrangements on the ability to cater for people performing and attending festivals in Edinburgh”, which reveal : “The combined effect of the regimes is particularly effective in the case of multi-occupancy houses being let over the summer period.”

Papers cite “mandatory condition 13”.

“In Edinburgh, when it agreed on the short-term letting policy, [the] The Regulatory Committee has exercised the discretion available to the council and applied all mandatory and additional conditions, including what is known as mandatory condition 13 (MC13) to the requirement for temporary exemptions,” documents show.

READ MORE: Gail Porter ‘priced out’ of attending Edinburgh Fringe

“The effect of MC13 in Edinburgh is to require a license holder to either have applied for planning permission or obtain planning permission in circumstances where planning permission is required.

“The Minister confirms that the council could decide to disapply any condition.

“The Minister goes on to state that the council has discretion in exercising its planning enforcement powers and that the planning authority is not required to take any formal enforcement action if they consider that doing so is not in the public interest. ”

He added that a temporary exemption if granted lasts up to six weeks in any 12 month period.

READ MORE: Outrage as business leaders call for extension to Scotland’s tourism tax law plans

The Scottish Government said the Housing Minister had “clarified licensing and planning issues”.

A Scottish Government spokesman said: “Short-term letting legislation gives licensing authorities powers to strike a balance between the needs and concerns of local communities and the wider economic and tourism benefits of short-term letting.

“The regulations approved by parliament included powers for licensing authorities to grant temporary exemptions in recognition of the fact that large-scale events can lead to significant demand for accommodation over a short period of time.

“Hosts/operators who applied for a short-term lettings license before 1 October 2023 can continue to receive guests while their application is being decided, if they were already using their accommodation for short-term lettings before October 2022.”

READ MORE: Is Scotland’s crackdown on Airbnb-style short-term lettings backfired?

Fiona Campbell, chief executive of the ASSC, questioned whether the exemptions would work for the August festival season.

He said: “The industry repeatedly warned of the dire consequences that would follow from a strict approach to the regulation of short-term lettings. Edinburgh is now staring down the barrel of a holiday accommodation crisis unless action is taken to alleviate the situation.

“However, temporary exemptions provide no comfort to the many dedicated professional operators in Edinburgh who have been left in limbo with their planning applications. These legitimate businesses have been the bedrock of the sector tourism in Edinburgh for decades – and not just during this period.

“The key issue is supply and temporary exemptions will only be a drop in the ocean. There are only 105 secondary installation licenses approved by the council so we don’t have the capacity.”

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