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Perthshire holiday lets: ministers approve planning controls

Ministerial approval clears the way for controls in parts of Perth and Kinross, but the designation date needs a separate notice.

Perthshire holiday lets are a step closer to new planning controls after Scottish Ministers approved a proposed control area on 12th October 2026. The decision covers Highland Perthshire and the northern part of the Eastern housing market areas within Perth and Kinross.

The approval allows the council to proceed with designation. It does not itself announce the date the controls start. Before designating the area, the council must publish the required notice, giving people the boundary information and commencement date.

I would treat this as an important change for anyone considering turning a home into visitor accommodation in the affected area. Once designated, a qualifying change to short-term letting will automatically count as a material change of use requiring planning permission. Existing businesses need a different, more careful check.

What the Perthshire holiday lets decision approves

The full ministerial decision letter, signed by Robin Campbell of the Scottish Government Planning Directorate, responds to the council’s request of 27th August. The official case reference is STL-340-001. This is ministerial approval of a proposed control area, rather than an appeal granting or refusing a particular holiday let.

Ministers considered the council’s statement of reasons, committee and council reports and minutes. They were satisfied that the authority had consulted appropriately, considered the responses alongside other evidence and reached a reasoned decision.

The letter describes the proposed designation as “justified and reasonable”. It accepts the objective of considering the effects on residential housing while balancing sustainable tourism in rural communities. The decision therefore moves the proposal beyond the council’s earlier agreement to seek approval.

Why housing pressure sits behind the proposal

The council’s submitted statement of reasons connects the Perthshire holiday lets controls with concerns about the supply and affordability of homes. It identifies particular pressure in the Highland housing market area and northern parts of the Eastern area, rather than proposing the same treatment across the whole council area.

The statement also points to constraints on delivering new housing and the importance of considering how existing residential buildings are used. Tourism contributes to the local economy, but the council wants an opportunity to assess the balance when further homes are proposed for short-term letting.

This does not establish that every holiday let causes the same harm. The planning purpose is to bring qualifying future changes into an application process, where the circumstances of a property and its surroundings can be examined. That distinction matters to both residents concerned about housing availability and owners investing in visitor accommodation.

Approval and commencement are separate stages

For Perthshire holiday lets, the next document to watch is the council’s formal designation notice. The ministerial letter expressly requires publication under regulation 9 before designation. A purchaser should not substitute the letter’s approval date for the eventual operative date.

Scottish Government guidance on establishing control areas explains that the notice identifies the start date and how the map can be inspected. There must be at least 28 days between publication of the notice and the changes taking effect.

The legal framework is section 26B of the Town and Country Planning (Scotland) Act 1997 and the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021, as amended. This is a Scottish mechanism. The English permitted development and Article 4 rules should not be used to interpret it.

Existing operators are not automatically lawful

The letter makes a distinction that existing owners should read closely. Section 26B does not retrospectively turn an earlier change of use into a material change simply because a control area is designated. However, the ordinary rules already require permission where the actual change was material.

For existing Perthshire holiday lets, the sensible question is therefore when the use began, what it involves and whether its planning position is established. Saying that a business predates the control area is not, by itself, proof that permission was unnecessary.

I would keep dated evidence of the use and any permissions or lawful-use certificates together. The official planning guidance explains the role of certificates in establishing lawfulness. Any application needs evidence suited to the actual property; this designation decision does not determine individual cases.

A control area is not a blanket ban

Applications for Perthshire holiday lets will still need to be assessed on their merits. The council’s consultation feedback says the proposal is not a blanket ban on new short-term lets and does not introduce quotas or targets. The map matters because a broad place description cannot settle whether a particular property is included.

There are also statutory exceptions to the automatic material-change rule, including relevant principal-home arrangements and specified accommodation. They should be checked against the official definition and exceptions. An exception to that automatic rule does not remove the ordinary need for permission if a material change occurs.

Anyone assessing Perthshire holiday lets now should check the published boundary, the eventual designation date and the property’s own planning history before relying on a letting proposal. Residents will be able to examine applications where permission is required and raise relevant planning effects, rather than assume every new use is prohibited.

The wider Scottish debate continues separately. Planning Geek has reported on Highland Council’s separate proposals and the Argyll consultation extension. Those are different authorities and stages; the fresh event here is ministerial approval for the Perth and Kinross proposal, with the designation notice still the key next step.

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