Structure can't meet tough new planning rules

Plans for The Famous Spiegeltent to return to the Edinburgh Fringe have been shelved after falling foul of tough new planning laws enforced by the city council.

The venue – which has been a part of the festival for 30 years – was hoping to return to St Andrew Square for both the Fringe and the Edinburgh Jazz & Blues Festival which precedes it.

However stringent new rules mean that any structure erected for more than 28 days is considered permanent, requiring a building warrant and a structural engineering certificate.

‘Spiegelmaestro’ David Bates – who acquired the 106-year-old wooden-sided tent after seeing it at the Edinburgh Book Festival in 1996 – said that ‘by its very nature as a temporary structure, the spiegeltent cannot satisfy regulations written for permanent buildings.

‘This is a distressing situation for us all,’ he said in an open letter. ‘We have been working around the clock to find a solution. However, it seems there is no way The Famous Spiegeltent structure can be compliant despite receiving structural certification last year. Without the necessary building warrant the tent simply cannot be built.

‘We have been forced to withdraw entries from the Fringe programme and are currently rescinding all discussions with suppliers, sponsors, operational staff, artists and facilities providers.’

His team had been planning the venue’s return since soon after last year’s Fringe – where it hosted the 21st anniversary of La Clique burlesque and variety show, among others – and had the permission of the landowner to return. They even made plans to adjust the layout of the site for 2026 to protect tree roots.

‘We have had many complex hoops to jump through to satisfy the licensing authorities,’ Bates said, including hiring a team of planning experts and a council-recommended firm of structural engineers.

However, that company would not issue the certificate they needed to get the building warrant because the temporary spiegeltent would fall short of the more stringent demands expected of a permanent structure.

‘This is despite providing architectural drawings, a 56-page building book, last year's [certificate], descriptive photographs, load-bearing test certificates and as much documentation as we could get from the Belgian spiegeltent builders,’ Bates told Chortle. ‘It has cost a significant amount of money to get this far.’

He tried to get two of the less rigorous ‘Section 89’ permissions for temporary structures, one for the jazz festival and another for the Fringe – ‘but we were told "same structure/same site’"so it would not be allowed.’

Bates added: ‘We also suggested taking the tent down between events and building it up again… but that was considered to be taking the piss to try to get around the regulations.’

He had planned to bring La Clique back to the same venue this year, and says there is 'no plan B' for an alternative home, just three months from the Fringe.

The new rules – which come from the Scottish Government – are likely to affect other temporary structures at the Fringe. 

Assembly erects a spiegeltent in George Square, which also serves as a venue for both the jazz festival (which runs from July 17 to 26 this year) and the Fringe (August 5 to 31, including previews). However, they have a three-year planning permission in place starting from last year, so will not have to reapply until 2028.

Edinburgh’s planning convenor, councillor Joan Griffiths, said: ‘We have a responsibility to protect our outdoor spaces for all those who live in and visit Edinburgh and have robust processes in place for those wishing to use these spaces for commercial purposes. 

‘We’ve been in regular communication with the organisers of The Famous Spiegeltent, providing support throughout the application process and ensuring they were aware of the national planning requirements.

‘Unfortunately, however, the required paperwork was not submitted in time and we were unable to validate the planning application, but we are continuing to explore alternative options with the organisers.’

Bates disputes the last point, saying: ‘We did everything within the timeframe we were given’.

Published: 29 Apr 2026