edinburgh

Edinburgh’s Short-term let control area gets set for Council approval

Only a month after the long-awaited Short Term Lets Licensing Order was made by the Scottish Parliament, Edinburgh Council planners have been quick out of the blocks to finalise their proposed short-term let control area. As previously anticipated in one of our blogs last year, approval will be sought from Committee this Wednesday (23rd February) to confirm that the whole city will be included within the new zone. Given this means that all permanent short term let properties across the entire city will need to obtain planning permission for a ‘change of use’ before they can secure a license to operate, Angus Dodds looks at 5 interesting examples across the Capital that highlight how important ‘re-purposing’ has been over many years in providing the city with much-needed visitor accommodation.

Many of the hotels we see today in the city centre were not purpose built for this use but began life as something else entirely. Accordingly the need for planning permission for the short-term lets of tomorrow mean that these properties will need to follow a path well-trodden by the visitor accommodation of yesterday. Here is our guide to some of the more interesting ones…

Hotel du Vin

Part of the building that houses the boutique hotel by the University was originally built as Edinburgh’s poor house, before being used as its lunatic asylum until the early 1800s (hence the name of the Bedlam theatre next door). Later still it served as science laboratories and a blood donation centre.

The Hotel du Vin group is of course no stranger to interesting conversions. Its Malmaison hotels in Oxford, Belfast and Leith are respectively hosted in: a former seed warehouse; a prison; and, a seaman’s mission/brothel. 

The other interesting piece of built-environment miscellany on this block is at numbers 15-19 Bristo Place, which is built on the site of the Darien House – the Headquarters of the Company of Scotland which hoovered up an estimated 20% of all the money in circulation in Scotland in the closing years of the 17th Century. This was undertaken to pay for the ill-fated expedition to establish a Scottish colony in present-day Panama. The expedition was a failure, Scotland very nearly went bankrupt, and by 1707 was so impoverished it agreed to the Treaty of Union with England. The rest as they say… is history.    

The Scotsman Hotel

The clue’s in the name here really. This colossal ‘A’ listed Edwardian building was designed as a Scottish adaptation of ‘Free Renaissance style with French chateau features’ and was built as the HQ of the Scotsman newspaper over 3 years from 1902. While it all looks fittingly olde-worlde with the standard Edinburgh faux-turrets and fenestration, the building is actually steel-framed with concrete floors – which made it easy to convert to its hotel use in 2000.

The 1905 Grand Café accessed from the North Bridge has always been the building’s public face since opening its doors in 1905 – hence the name. This space with its marble pillars and massive chandeliers today, was formerly the Advertising and Notices Department – where generations of townsfolk would go to tell the world their cat was missing or their granny had died.  

Within the building at third floor level, a hefty nod to its printing heritage comes in the form of a ‘Columbian’ printing press, dating from 1830. The reception level above offers a view of the stained glass window that follows you down the main staircase. Reflecting the national coverage of this national daily paper, the window features the coats of arms of Dundee, Inverness, Edinburgh, Glasgow, Aberdeen and Stirling.  

DoubleTree by Hilton Hotel Edinburgh City Centre

This rather snappily titled hotel is probably better known to many modern-day locals as the ‘Point Hotel’ on Bread Street. Older residents of the city though, might still refer to it as the ‘the coop-ey’ as it was here from 1892 that the St Cuthbert Co-operative Society had its main department store in the city – its largest store of this kind anywhere in the country.

As the role of Department stores changed at the beginning of the 20th Century, the Bread Street co-op expanded and embraced the modernism of the time – injecting Tollcross with a little touch of Mies Van der Rohe in 1937 through its commissioning of the first glass curtain-wall to be built in Scotland. The glass extension, originally built to house the furniture department, still looks startlingly contemporary 85 years later, justifying its inclusion as one of the best Scottish buildings of the last century in Neil Baxter and Fiona Sinclair’s excellent book ‘Scotstyle’.

Incidentally, while the co-op’s most famous former employee and future 007 was born only half a mile away on Fountainbridge, Sean Connery didn’t actually work in this branch of the store. His milk delivering days were conducted from the chain’s Corstorphine branch – although he did for a spell find gainful employment round the corner as a life model at the art school.   

The Edinburgh Grand

Described by Historic Environment Scotland in its ‘A’ listing description as a “massive austere cubic palazzo bank on corner site with portico”, the former bank that houses the Edinburgh Grand was perhaps surprisingly built at the same time as the glass extension to the Co-op department store on Bread Street. Reflecting the fairly diverse range of architectural styles being employed at the time across Scotland, its construction was also contemporary with the Glasgow Film Theatre, St Andrews House on Calton Hill, and the Bon-Accord baths in Aberdeen.

Its further description as an ‘American inspired composition’ rings true for anyone who has been inside the building and recently seen Guillermo del Toro’s excellent new noir drama ‘Nightmare Alley’; some scenes of which could have almost been shot in the building. The opulent American elm, Mexican pine, Honduran mahogany and English oak that were originally used to decorate the Bank’s interior spaces, wouldn’t have looked out of place in Cate Blanchett’s consulting room. 

Interestingly, unlike the others in this selection, the bank headquarters were actually built on the site of what had originally been a hotel back in the early 19th Century – a nice illustration of the extent to which successive development cycles can sometimes result in cities reverting back to square one. 

Learmonth Hotel Travelodge

Repurposing a series of rather grand mid-Victorian terraced townhouses, the former Learmonth Hotel and esrtwhile Travelodge, was the setting for Edinburgh’s version of the Shawshank Redemption… sort of. 

Lieutenant-General Stanislaw Maczek, was a veteran of World War 1 where he had served as a Battalion Commander for the Austro-Hungarian Empire. By World War II he had risen to become Commander of the 1st Polish Armoured Division. Under his command the armoured Division liberated major cities in the Low Countries including Ypres, Ghent and Breda, as well as taking the German navy’s surrender in the port of Willhelmshaven. 

Once hostilities ended however, Maczek was stripped of Polish citizenship by the Communist government of the Polish People’s Republic; while the British Government refused to grant him a General’s pension as he was not a British subject. In the circumstances, the Polish war hero, who had settled after the war in Edinburgh, spent many decades working instead as a barman in the Learmonth Hotel.

The silver cloud to this rather sad tale is that secret papers revealed in the last couple of decades, show that the Dutch Government, so grateful for his liberation of Breda, had in fact been secretly paying the elderly barman a General’s pension since the 1950’s. He lived in Edinburgh till his death at the ripe old age of 102, and a plaque commemorating his life is visible on his former home in Arden Street. A more significant commemoration of the General is the new bronze statue of him outside the City Chambers that was unveiled in 2018.  

The comprehensive scope of the short-term let control area and the new Licensing Order, allied with proposed policy changes in the next Development Plan, will bring fairly seismic changes quite rapidly to Edinburgh’s visitor accommodation landscape. All existing operators will need to apply for an operating licence by April 2023, with planning permission or a ‘Certificate of Lawfulness’ a necessary pre-condition to such licences being granted.

Already, non-main door properties that have been operating permanently as short term lets for less than ten years, have very little chance of securing planning permission. If and when the proposed planning policy changes begin to impact on decision making – perhaps as early as this summer – we are likely to see the remaining window of opportunity for main door properties slam shut too. 

Contour Town Planning has been helping a considerable number of clients to make planning applications and certificates of lawfulness applications for such changes of use in recent months. If you own a main door property that you let out as short-term visitor accommodation, and if you would like to continue offering tourists the opportunity to ‘live like a local’ in the years to come, get in touch with Contour Town Planning to discuss how we can help you also best negotiate the significant planning challenges all such operators now face.

Get in touch with Angus Dodds on 07729 873829, or by email at angus@contourtownplanning.com

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Draft National Planning Framework opens for consultation and piles on the misery for hosts

The draft National Planning Framework 4 (NPF4), published a week after Guy Fawkes night, packs even more explosives under Edinburgh’s short-term let sector. Angus Dodds explains why its final version may impact hosts even sooner than the next Local Development Plan and ponders what might happen next and what some owners might want to do now.

Greyfriars Bobby - Statue

In our last blog, I noted how the consultation on Edinburgh’s Short Term Let control area used relatively placid language in explaining the way that the Council would continue to ‘manage’ short-term lets in the city; while only two months later, policy HOU7 in the Proposed City Plan 2030 (currently itself out for consultation) was far more strident, stating that applications resulting in a loss of housing would simply be refused.

There is a definite sense of déjà vu then when one considers how the Scottish Government’s language has also hardened on this topic in a relatively short period of time. Last November’s Position Statement on the next NPF did briefly mention short-term lets. It noted that one of its priority policy changes would be “Tackling the impact of short term lets in pressured areas by providing a framework for decision making on planning applications”.

Last week’s publication, now open for consultation until 31 March next year, puts some meaty flesh on these bones, stating:

“Development proposals for the reuse of existing buildings for short term holiday letting should not be supported if it would result in:

• an unacceptable impact on the local amenity or character of a neighbourhood or area; or

• the loss of residential accommodation where such loss is not outweighed by local economic benefits”.

There’s not much nuance in the chosen wording here; no safety net for ‘main door flats’ and ‘detached properties’, while use of the word ‘or’ suggests that this is planning policy that really means business. Yet on the face of it, (and from a purely personal standpoint), I don’t think there’s too much to argue about in the stated approach.

Holyrood - Scottish Parliament

Unlike previous NPFs however, the wording this version uses will be even more important than that of its predecessors, as the recent Planning Act confers an enhanced status to NPF – making it part of the Development Plan. This is significant as under the planning system in Scotland, planning decisions have to be taken in accordance with the Development Plan (unless material considerations indicate otherwise). By clearly setting out a position on short-term lets therefore, what NPF4 says about this contentious topic will be a determining factor when deciding if planning applications should be granted planning permission. With a projected adoption date later in 2022, what NPF4 says about short-term lets could therefore be more significant more quickly than even City Plan 2030.

Of course in places like Edinburgh where a short-term let control area is proposed, planning permissions are the entry tickets that the new licensing regulations insist upon; no permission, no right to apply for a licence. The licencing system incidentally is currently anticipated as being up and running by October 2022, with all existing operators still expected to have applied for their licences, with planning permissions in hand, by March 2023.

So for Edinburgh, what does all this mean in a practical sense? What should short-term let property owners do now? Well, at the time of writing nothing has actually been approved and so nobody really has to ‘do’ anything. And here’s the funny thing, given the radical changes proposed in the way short-term lets are to be regulated in the City, it’s curious to consider that none of the 4 key pieces of infrastructure that will support its future regulation have actually been approved or adopted yet. The licensing regulations are currently being tweaked by the Housing Minister; consultation has only just finished on the extent of the City’s short-term let control area; Proposed City Plan 2030 is out for consultation until 20 December; and, NPF4 has only just been published as a consultation draft. Theoretically then, all four could yet ‘fall out of bed’ and nothing at all might change.

That of course seems highly unlikely. If the authors of the various measures are successful in achieving their stated outcomes, Edinburgh’s short-term letting landscape will completely change and quite quickly. If they all survive their respective rounds of consultation and challenge, October 2022 will be when all permanent short-term let properties across the whole city will need to seek the benefit of planning permission. Of course by then, probably such permissions will be impossible to secure, as at both the national and local levels there will be very little planning policy support for short-term letting uses in flats and houses.

Edinburgh Castle

And so for the most part, that will probably be the end of that. There will be precious little to remind future generations of the impact Airbnb had on the city – save perhaps the ghostly scrape marks of clumsily handled suitcases on the walls of tenement landings across the city.

Joking aside, I do say for the most part quite seriously. As noted above, planning decisions are to be taken in accordance with the Development Plan unless material considerations indicate otherwise. Right now, the Development Plan is the 2016 Plan that is completely silent on loss of housing and short term lets. Non-statutory guidance on change of use that was drafted in support of this Plan has just been updated this month however, and continues to state that:

“Change of use in flatted properties will generally only be acceptable where there is a private access from the street, except in the case of HMOs”.

Clearly this presumes against allowing changes of use for flatted properties in tenement buildings. However, it does continue to provide support in principle for main door properties. This means that these types of properties might be in a select group that could survive the impending closure of short-term letting across the city. Other property types in this exclusive club would include those that can prove that they have been operated as short-term lets for at least 10 years, and other properties that have perhaps become short-term lets after an earlier non-residential past (eg artists studios, offices or even shops).

Mews Street Edinburgh

As noted above, I fully understand the rationale behind attempts to get a grip on short-term letting. The obvious consequence of all the controlling measures coming into force however is that there will be both a huge and fairly sudden drop in the supply of tourist accommodation, and a commensurately huge spike in hotel prices. Nevertheless, if that is the only way to get housing in the city back on an even keel, then so be it. During a housing crisis, housing for permanent residents does need to be the Council’s main priority.

Presently though, Edinburgh has an overall housing stock of around 200,000. It seems likely that the small group of properties that might still be able to negotiate a way through the planning obstacles even now, probably only number in the dozens, and certainly nothing like the thousands across all property types that are currently advertised on Airbnb and other platforms. Numerically therefore any impact they might have on overall housing stock could be considered as pretty negligible.

Notwithstanding any such good arguments for keeping these properties as visitor accommodation, the reality is that hosts that do operate from such properties will need to get their skates on if they want to preserve their position. While I said earlier that no such property owners technically need to ‘do’ anything right now, that’s not to say that voluntary action now would seem wise in anticipation of the drastic changes coming. The reality is that in the world of planning, policy is king, and even for these types of properties the policies emerging at the National and Local level will quite quickly begin to affect them too, therefore also blocking their route to securing a licence.

Despite the relentlessly negative portrayal of short-term letting, if the numbers involved are small and the level of customer satisfaction consistently high, they can be a real asset to their locality. It would therefore be nice to think that some more main door hosts will still be keen to fly the flag for short-term let visitor accommodation, and in so doing offer a hugely reduced but still very important degree of choice to visitors who, we are increasingly told, are looking for an ‘authentic experience’ while staying in our City.

Contour Town Planning has recently secured a number of Certificates of Lawfulness from City of Edinburgh Council for properties that have been run as short-term lets for more than 10 years, and has also recently been instructed by a number of main door property owners to assist them with securing planning permission. If you would like to discuss how we could assist you with this type of work or anything mentioned above, please do not hesitate to get in touch with Angus Dodds on 07729 873829, or by email at angus@contourtownplanning.com

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