Haddington: Scottish Government Reporter turns down holiday let appeal

Carlene MacNair took her application for a certificate of lawful use for the flat to the Planning and Environmental Appeals Division, after East Lothian Council turned down her initial application at the end of January.

Council officials ruled it had not been demonstrated that changing the use of the flat to a short-term holiday let was not a material change of use.

Now, Scottish Government-appointed reporter Andrew Fleming has backed the local authority’s decision.

The one-bedroom first-floor flat on Haddington High Street is accessed via a communal entrance.

Mr Fleming accepted that the use of the property by up to two guests was “not dissimilar” to the number of residents who could be living there long term.

However, there were concerns about the comings and goings of people staying in the property.

'Potential to cause noise'

The report reads: “Guests are able to access the property throughout the year and this could entail different parties arriving and departing every three nights.

“The appellant advises that the check-in time for guests is set at 4pm in order to ensure that 'guests arrive at social times of the day'.

“However, given that guests access the keys to the property via a secure key safe box located at the shared entrance to the building, there is nothing to stop guests arriving after this time.

“Due to the property’s town centre location with its associated bars and restaurants, I consider that guests may come and go during their stay later in the evenings.

“The movement of guests’ and their belongings, including suitcases, within the communal parts of the building, including the stairwell and first-floor landing, has the potential to cause noise and disturbance to existing residents living in proximity.

“The short-term let use could also have effects on the perceived security and amenity of residents as a result of meeting transient visitors within the stairwell and at the communal access to the building.”

During the application to the council, “house rules”, in a bid to keep potential disturbances to a minimum, were highlighted. The rules were communicated to guests during the booking process, reiterated on arrival and displayed in a welcome book.

The planning statement said that there were “good relations” with neighbours, and both neighbours and guests had contact details for the host.

However, Mr Fleming, who ruled that the use of the property as a short-term let “entails a pattern of activity beyond that which is consistent with its occupation by permanent or long-term residents”. responded: “Nevertheless, as the appellant does not reside at the property, they do not have complete control over the behaviour of guests and cannot prevent noise and disturbance from occurring.

“Whilst the appellant has advised that there have been no complaints made directly, the absence of complaints does not mean that no material change of use has occurred.”