James Findlay KC successfully represented the Petitioners in a Judicial Review of the City of Edinburgh Council’s Short Term Lets policy.  The policy was introduced to address issues arising from a proliferation of secondary short-term letting in Scotland generally, and Edinburgh in particular.

The respondent designated the whole of the City of Edinburgh as a short-term let control area with effect from 5th September 2022.  Landlords challenged the local authority’s interpretation of the provisions of Section 26B of the Town and Country Planning (Scotland) Act 1997, whereby current short term let owners would have to apply for planning permission to change the use of a dwelling house for the purpose of providing short-term lets.

Counsel’s submissions contended that the respondent’s interpretation of section 26B was wrong and that it should be construed as applying only to changes of use after 5th September 2022.  In his Judgement, Lord Braid agreed, ruling that this aspect of the Council's Short Term Lets policy was both "unfair and illogical".

To read the full judgement, please follow this link.