Preliminary refusal: breach of planning control2A

1

A licensing authority may, within 21 days of receipt of an application for a licence, refuse to consider the application where it considers that use of the premises for a short-term let would constitute a breach of planning control for the purposes of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”)17 by virtue of section 123(1)(a) or (b) of that Act.

2

The licensing authority must, within 7 days of deciding to refuse to consider an application for a short-term let licence, serve notice of its decision on—

a

the applicant,

b

the relevant planning authority, and

c

the chief constable.

3

The notice must—

a

give the licensing authority’s reason for refusing to consider the application, and

b

in the case of a notice to the applicant, inform the applicant of the effect of sub-paragraph (4).

4

No fee may be charged in respect of a further application for a licence in relation to the premises concerned made within 28 days of the applicant subsequently obtaining—

a

planning permission under Part III of the 1997 Act, or

b

a certificate of lawfulness of use or development under section 150 or 151 of the 1997 Act,

in respect of the use of the premises for short-term lets.

5

A refusal to consider an application under sub-paragraph (1) is not to be treated as a refusal to grant a licence under paragraph 5.