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Edinburgh Reporter
6 days ago
- Business
- Edinburgh Reporter
Dunbar flat owner loses bid to carry on letting
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. By Marie Sharp Local Democracy Reporter Like this: Like Related
Edinburgh Live
6 days ago
- Business
- Edinburgh Live
East Lothian flat owner loses appeal over 'professional' holiday lets
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info 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.
Edinburgh Reporter
16-05-2025
- Business
- Edinburgh Reporter
Supermarket bid for flagpole rejected
Supermarket giants Lidl have lost their bid to put a store sign on top of a flagpole after it was ruled it would clash with an historic cemetery. The food chain appealed to Scottish Ministers to allow the 6 metre high totem style sign at their store on St Kentigern Way, Penicuik, after Midlothian planners rejected it saying it was not in keeping with the nearby conservation area. The appeal came after they successfully overturned planners objections to an illuminated sign on the store itself which had been described as 'garish'. But while Scottish Ministers had agreed the store sign was an acceptable, and expected, addition to the supermarket building itself, they drew the line at the flagpole advertising sign at the edge of its car park. Throwing out Lidl's appeal over the flagpole, the Scottish Government Reporter said its height would make it stand out. He said: 'The visual environment to the east of the location of the supermarket and the car parks includes the buildings of the historic town cemetery on Kirkhill Road. 'The cemetery includes a number of significant vertical elements, including the unusual square tower of Old St Mungo's church. I consider that a tall illuminated sign at the proposed location will be experienced as a significantly discordant element in views of the cemetery buildings and surrounding trees, and will substantially detract from the interest and visual amenity which these buildings and the cemetery location gives to the town centre.' He added that local residents who overlooked the store and car park would also be affected by the sign adding: ' in my view, it is probable that an illuminated sign on a 6 metre pole at the proposed location will be visible from their windows, particularly in lower daylight levels, and when the trees are bare. 'I take the view that the tall illuminated sign is likely to adversely affect the amenity of these houses, even if none of the residents have objected to the proposed sign.' The flagpole appeal is the latest round in a battle over signs at the Lidl store which has spanned more than 15 years, and comes months after the store won an appeal to put illuminated signs on the shop front, which planners had also tried to ban Midlothian Council repeatedly refused to give the food chain permission to replace the standard sign at their Penicuik store with ones which lit up with planners describing the illuminations as 'garish'. However Lidl argued that the council had allowed the modern store to be built in the conservation area and should have expected them to want modern signs. The Reporter allowed the store sign but rejected Lidl's claim that the flagpole was'to be expected in the town centre location and as part of a retail foodstore to provide awareness of the use of the building'. By Marie Sharp Local Democracy Reporter Like this: Like Related
Edinburgh Live
16-05-2025
- Business
- Edinburgh Live
Lidl told Midlothian flagpole 'out of character' with nearby cemetery
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info Supermarket giants Lidl have lost their bid to put a store sign on top of a flagpole after it was ruled it would clash with an historic cemetery. The food chain appealed to Scottish Ministers to allow the 6 metre high totem style sign at their store on St Kentigern Way, Penicuik, after Midlothian planners rejected it saying it was not in keeping with the nearby conservation area. The appeal came after they successfully overturned planners objections to an illuminated sign on the store itself which had been described as 'garish'. But while Scottish Ministers had agreed the store sign was an acceptable, and expected, addition to the supermarket building itself, they drew the line at the flagpole advertising sign at the edge of its car park. Throwing out Lidl's appeal over the flagpole, the Scottish Government Reporter said its height would make it stand out. He said: "The visual environment to the east of the location of the supermarket and the car parks includes the buildings of the historic town cemetery on Kirkhill Road. "The cemetery includes a number of significant vertical elements, including the unusual square tower of Old St Mungo's church. I consider that a tall illuminated sign at the proposed location will be experienced as a significantly discordant element in views of the cemetery buildings and surrounding trees, and will substantially detract from the interest and visual amenity which these buildings and the cemetery location gives to the town centre." He added that local residents who overlooked the store and car park would also be affected by the sign adding: " in my view, it is probable that an illuminated sign on a 6 metre pole at the proposed location will be visible from their windows, particularly in lower daylight levels, and when the trees are bare. "I take the view that the tall illuminated sign is likely to adversely affect the amenity of these houses, even if none of the residents have objected to the proposed sign." The flagpole appeal is the latest round in a battle over signs at the Lidl store which has spanned more than 15 years, and comes months after the store won an appeal to put illuminated signs on the shop front, which planners had also tried to ban. Midlothian Council repeatedly refused to give the food chain permission to replace the standard sign at their Penicuik store with ones which lit up with planners describing the illuminations as 'garish'. However Lidl argued that the council had allowed the modern store to be built in the conservation area and should have expected them to want modern signs. The Reporter allowed the store sign but rejected Lidl's claim that the flagpole was 'to be expected in the town centre location and as part of a retail foodstore to provide awareness of the use of the building'.
The National
16-05-2025
- Business
- The National
Lidl knocked back by Scottish Government amid 15-year signage battle
The food chain appealed to Scottish Ministers to allow the six-metre totem-style sign at their store on St Kentigern Way, Penicuik, after Midlothian planners rejected it saying it was not in keeping with the nearby conservation area. The appeal came after they successfully overturned planners objections to an illuminated sign on the store itself which had been described as "garish". But while Scottish Ministers had agreed the store sign was an acceptable, and expected, addition to the supermarket building itself, they drew the line at the flagpole advertising sign at the edge of its car park. Throwing out Lidl's appeal over the flagpole, the Scottish Government Reporter said its height would make it stand out. READ MORE: New cafe set to open at top of popular Edinburgh viewpoint He said: 'The visual environment to the east of the location of the supermarket and the car parks includes the buildings of the historic town cemetery on Kirkhill Road. 'The cemetery includes a number of significant vertical elements, including the unusual square tower of Old St Mungo's church. "I consider that a tall illuminated sign at the proposed location will be experienced as a significantly discordant element in views of the cemetery buildings and surrounding trees, and will substantially detract from the interest and visual amenity which these buildings and the cemetery location gives to the town centre.' He added that local residents who overlooked the store and car park would also be affected by the sign, adding: "In my view, it is probable that an illuminated sign on a six-metre pole at the proposed location will be visible from their windows, particularly in lower daylight levels, and when the trees are bare. 'I take the view that the tall illuminated sign is likely to adversely affect the amenity of these houses, even if none of the residents have objected to the proposed sign.' The Lidl in Penicuik (Image: LDR) The flagpole appeal is the latest round in a battle over signs at the Lidl store which has spanned more than 15 years, and comes months after the store won an appeal to put illuminated signs on the shop front, which planners had also tried to ban. Midlothian Council repeatedly refused to give the food chain permission to replace the standard sign at their Penicuik store with ones which lit up with planners describing the illuminations as "garish". However, Lidl argued that the council had allowed the modern store to be built in the conservation area and should have expected them to want modern signs. The Government reporter allowed the store sign but rejected Lidl's claim that the flagpole was 'to be expected in the town centre location and as part of a retail foodstore to provide awareness of the use of the building'.
