Planning permission and short term let licence applications
Short term let operators may need to confirm the planning status of their property when applying for a short term let licence. As part of this process, operators may be informed that planning permission is required, even if the planning status has not been considered before.
Operators are responsible for making sure they have the correct planning permission. We decide whether planning permission is required for a short term let.
Outside a control area
If the property is outside a designated control area, you do not need to provide evidence of planning permission with your licence application unless we advise that the short term let use is a material change of use.
If we confirm that the use is a material change, you must apply for planning permission separately.
Within a designated control area
If the property is in a designated short term let control area:
- any change of use to short term letting (secondary letting) after the designation date requires planning permission or evidence that a planning application has been submitted
- any change of use that happened before the designation date may require evidence of planning permission if the Planning Authority considers that a material change of use has taken place
When we will be consulted
We will be consulted on licence applications for:
- secondary letting within a designated control area
- flats anywhere in the Highland Council area
- premises with five or more bedrooms anywhere in the Highland Council area
What happens if planning rules have already been breached
If the property is being used as a short term let in breach of planning legislation, or if we have already determined that the use is restricted, we may refuse to consider the licence application.
This is a preliminary refusal. The application will not proceed.
Control areas designated after you apply for or receive a licence
If a control area is designated after you submit a licence application or after a licence has been granted, you may still need planning permission.
If you do not have the required planning permission, this may affect your ability to obtain or keep a short term let licence.