Appeal for short-term let on Haddington High Street with ministers

Earlier this year, East Lothian Council turned down Carlene MacNair’s application for a certificate of lawfulness for the accommodation on the town’s High Street.

Now, an appeal has been lodged with the Scottish Government’s Planning and Environmental Appeals Division, which could overturn the local authority’s ruling.

The short-term let has been operating since April 2018.

Agents representing Ms MacNair said the fact that the building had not been used as a short-term holiday let for a continuous period of 10 years or more was “a moot point”.

They argued there was “no material change of use” and said: “Therefore, the property not being let for over 10 years is not relevant to this refusal.”

The one-bedroom flat is in a tenement building with a shared entrance through a communal stairwell.

However, guests do not pass any other property before gaining access to the flat.

An appeal statement notes: “The flat is the first accessed property in the building, ensuring minimal disturbance to neighbours.

“Guests are granted access through a streamlined process using a discreet key safe box positioned at the shared entrance to the property.

“The check-in time is set at 4pm, ensuring guests arrive at social times of the day. Good relations are maintained with neighbours, and regular guest feedback is actively sought to drive ongoing improvements and maintain positive guest experiences.”

The agents argue that the use of the property as a short-term let “does not” constitute a material change of use and called on the decision of the council’s planning department to be overturned.

They added: “The appellant argues that the use of the property for short-term residential letting is not development and does not entail a material change of use from its existing classification as sui generis residential flat.”