Councillors drop moratorium as officers warn of likely court challenges and conflict with the city’s development plan
Edinburgh councillors have abandoned plans for a moratorium on new purpose-built student accommodation (PBSA), following legal advice that a ban would be vulnerable to challenge and inconsistent with the capital’s development plan.
A report to the Planning Committee concluded that pausing PBSA consents would carry “significant risk” of litigation from developers and would not align with the policy framework that currently guides housing delivery in the city.
SNP councillor Danny Aston initially tabled a motion in July calling for a city-wide halt on student blocks, citing community concerns around scale, pricing and location. He referenced schemes such as Jock’s Lodge, which was approved despite more than 1,000 objections. Ahead of this week’s meeting, however, no amendments were lodged that would enable a ban.
Seeking clarity on the legal route, Aston asked officers: “We did also hear earlier on today, in relation to another matter, that it is possible to amend an adopted local development plan. So I’m just wondering if you could outline what the process for that would be?”
Senior planner Graham Nelson replied that while a new statutory procedure exists, “It does in theory seem competent, there are challenges with that,” adding there was uncertainty about amending an old-style plan and “unexpected legal consequences”.
Conservative councillor Joanna Mowat pressed officers on litigation exposure. Iain McFarlane, head of planning, said: “We’d certainly identify a likelihood of challenge in principle, and I think the question is, what is the likelihood of success? If we suddenly about-turn and pronounce a moratorium through whatever mechanism it might be, it would suggest there is significant risk there.”
Mowat also questioned whether an outright pause would achieve the city’s housing objectives: “What is a moratorium trying to do? We might do all this work and say, ‘we need more student housing’. I think we’ve got to be careful about saying that this is something we automatically don’t want to see any more of. What we want is more housing, and it is part of a housing mix for people who come to the city.”
Campaign group Living Rent urged councillors to proceed with a ban. Delivering a deputation, Emma Yuen said: “There’s been a 151% increase in PBSA developments in Edinburgh since 2005. While this has ostensibly to meet the demand from increasing student numbers, these flats are often also unaffordable for students, and student homelessness continues to rise. There are 26,799 people waiting to be assigned social housing in Edinburgh.”
The decision underscores the tension between rapidly rising student demand, constrained land supply and the city’s broader housing targets. Average advertised PBSA rents typically exceed mainstream flat-shares, drawing criticism in high-pressure neighbourhoods such as Leith and Gorgie. At the same time, universities and private operators argue dedicated blocks reduce pressure on family housing and HMO markets. With a blanket moratorium off the table, officials indicated work is already under way on “other tools” to better manage location, design standards and the delivery of mixed-tenure homes alongside PBSA.
The council is expected to refine guidance rather than pursue a city-wide ban—tightening criteria on affordability, room sizes and site suitability—while exploring mechanisms to link student development to contributions for mainstream and affordable housing.
