East Lothian flat owner loses appeal over 'professional' holiday lets
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A Dunbar flat owner who claimed the majority of her guests were 'professional' and letting her property was good for the local economy has lost her appeal to carry on renting.
Leanne Montgomery appealed to Scottish Ministers after East Lothian Council refused to grant a change of use for her second floor flat on the High Street to a short term let.
She told them use of the holiday flat 'helped the economy', however the Scottish Government Reporter ruled its local impact was irrelevant.
And they said the flat owner had provided no evidence that it was mainly used by professionals, as had been claimed.
Dismissing the appeal, they said: " In assessing the appeal I am only able to consider whether or not the use as a short term holiday let represents a material change from the legitimate established use of the property as a flat.
"Any assessment which considers the merits of the use would need to take place through an application for planning permission."
East Lothian Council refused the application for a certificate of lawfulness, which would mean planning permission was not needed, to operate the holiday flat, because they said a shared stairwell with other residents in the block meant it was a material change of use.
And the Reporter agreed with their position saying the frequent arrival and departure of guests in the flat would impact on residents who used the same hallway.
They also dismissed claims that the majority of guests at the flat were 'professionals' who were there to work in the town.
They said: "The appellant contends that most visitors are professionals who visit the area to work a nine to five job for a the very short period of time they are in the area.
"I have been provided with no specific reasoning as to why the property would appeal to professionals in particular and I have been provided with no evidence to substantiate this claim.."
The Reporter ruled the impact of guests at the short term let was a material change of use and the council had been correct to reject the application for the certificate.
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