Friday October 30th 2026
Flats in Edinburgh
Written by Local Democracy Reporter, Nicholas Malizia
Councillors pledged to urge the Scottish Government to close a “loophole” allowing short-term let (STL) operators to be granted licences without having planning permission.
The matter was moved by Cllr Neil Ross (Lib Dem) at Full Council on Thursday, October 29 where he raised the alarm on the “glaring” oversight.
His motion passed unchallenged by councillors, with the Greens calling the current law “broken” given operators “aren’t doing anything illegal”.
Cllr Ross believes the “loophole” is complicating the process of granting “valid” STL licences.
It comes after the introduction of Edinburgh’s short-term let control area in September 2022, requiring owners to seek planning permission for properties changing use to become STLs.
Currently, operators can be awarded a licence from the government as long as they have submitted a planning application – even if it is still pending. This can result in landlords applying repeatedly for planning permission only to withdraw it when they receive a licence, according to a Living Rent representative who gave a deputation.
Addressing councillors, the Living Rent speaker added: “We hear stories about the noise, chaos, and hollowed out stairwells where short-term lets outnumber long-term residents.
“The national legislation is too weak. Landlords are openly flouting the rules and raking in a fortune in the process.”
Residents of housing development Stockbridge Colonies also submitted a deputation to support Cllr Ross’s motion.
Their papers read: “The present system is complex and difficult for ordinary residents to navigate. Within our own community we have experienced successive applications and temporary arrangements, with residents repeatedly trying to understand whether properties being used as short-term lets have the necessary planning status.”
The Stockbridge locals also raised concerns about temporary STL licences, which they claimed could be granted without “the same opportunity for community involvement that exists with a full licence application”.
Their statement added: “This is particularly significant in the Stockbridge Colonies. These are densely populated residential streets where properties are close together and access is restricted. The impact of short-term letting can therefore be felt very directly by neighbouring residents.
“We are not seeking to prevent legitimate short-term letting, nor are we suggesting that operators should be treated unfairly. We are asking for a regulatory system which is clear, logical and fair to everyone.”
Cllr Ross’s motion passed without opposition. As a result, the Council Leader will appeal to First Minister John Swinney requesting he close the loophole. The motion also suggests amending policy to require a valid planning certificate is provided before a licence can be granted.
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