Owner of holiday flat at centre of sex complaint appeals
Alan Montgomery insists the top floor flat in Musselburgh is not used any differently than if it was a residential home – despite also claiming he has welcomed 'thousands' of guests in its first 36 months of business.
Mr Montgomery has appealed to East Lothian Council's Local Review Body after planners refused to grant him planning permission to operate the flat as a short term let.
And he branded claims by neighbours that guests caused disturbance, waste and noise 'ridiculous'.
Mr Montgomery, who applied for planning permission under Montgomery Empire Ltd, argued that the fact the council's licensing sub committee had granted a temporary licence to operate the flat last year despite the same neighbours' complaints meant planning permission should be granted.
And he said improvements requested by the licensing committee including the addition of carpets over wooden floors and a noise monitor should also be considered.
Neighbours in the building had told licensing chiefs the property on Edinburgh Road, had been used as a 'party flat', with incidents including men urinating in gardens, a drunken hen party and police being called to an incident involving drunken golfers.
One objector wrote: 'One couple decided to have sex so vigorously and loudly in the living room of the flat that they caused the (downstairs neighbour's) clock to fall off the wall and it was damaged.'
However Mr Montgomery was granted an 18 month licence after agreeing to make changes to ensure there were no future disturbances.
He denied claims it was a party flat and said he would ensure no guests were able to book single night stays.
Mr Montgomery applied for a retrospective change of use of the flat to a short term let after he was refused a Certificate of Lawfulness by planners and lost an appeal to Scottish Ministers.
Planners refused the application saying the holiday use was 'incompatible with and harmful to ' the amenity of other residents in the block.
In his appeal Mr Montgomery challenges claims from neighbours about problems at the block as 'ridiculous'.
And he said of one complaint about guests hanging washing on residents' lines in the back green: 'Since operating for 36 months involving thousands of guests staying at this property, one person hung a towel on her washing line not realising the back green drying area was of limits.
'This happened within the first month of operating so we since notify guests in advance that this is forbidden. Condemning one rogue guest out of thousands does not justify her reasoning.'
The appeal will go before the review body next month.
By Marie Sharp Local Democracy Reporter
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