This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021 No. 154
(This note is not part of the Regulations)
These Regulations make further provision for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”). Section 26B enables a planning authority to designate all or part of its area as a short-term let control area. Where an area is designated as a short-term let control area a change of use of a dwellinghouse to use for the purpose of providing short-term lets is deemed to be a material change of use and so constitutes development under section 26 of the 1997 Act.
Regulation 2 makes provision about what constitutes providing a short-term let for the purposes of section 26B of the 1997 Act. This excludes letting to family members and for the purposes of facilitating provision of work or services and the letting of certain accommodation and such excluded accommodation is set out in the schedule. Regulations 3 to 9 set out the procedure to be followed in respect of the designation of a short-term let control area or the variation or cancellation of a designation. These require publication of a proposal to designate an area or to vary or cancel a designation. In terms of regulation 8(4) a planning authority may not designate the area as a short-term let control area, or vary a designation to include an area within a short-term let control area, without the approval of the Scottish Ministers.
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