PART 3Development management
Meaning of “development”
I1I217Meaning of “development”: use of dwellinghouse for short-term holiday lets
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
After section 26A insert—
26BMaterial change of use: short-term lets
1
A planning authority may designate all or part of its area as a short-term let control area for the purposes of this section.
2
In a short-term let control area, the use of a dwellinghouse for the purpose of providing short-term lets is deemed to involve a material change of use of the dwellinghouse.
3
For the purposes of this section, the following tenancies do not constitute a short-term let—
a
a private residential tenancy under section 1 of the Private Housing (Tenancies) (Scotland) Act 2016,
b
a tenancy of a dwellinghouse (or part of it) where all or part of the dwellinghouse is the only or principal home of the landlord or occupier.
4
The power under subsection (1) includes the power to vary or cancel a designation.
5
The Scottish Ministers may by regulations make further provision for the purposes of this section including, in particular, provision about—
a
the procedure a planning authority must follow in order to make, vary or cancel a designation under subsection (1) (which may include requiring the approval of the Scottish Ministers),
b
the form of a designation under subsection (1),
c
what constitutes providing a short-term let for the purposes of this section, and
d
any circumstances in which, or descriptions of dwellinghouse to which, this section does not apply.
6
Before making regulations under subsection (5), the Scottish Ministers must consult planning authorities and such other persons as they consider appropriate.