Australian family makes fresh attempt to keep short term let

An Australian family who argued their holiday flat let their parents see their grandchildren have lost a fresh attempt to operate it as a short-term let.

Peter Oliver reapplied for a change of use of the two-bedroom flat in Musselburgh, East Lothian – even offering to lock one of the rooms to reduce the number of guests allowed and make any stay a minimum of two weeks long.

However, planners rejected the application saying the first-floor flat, which is in a three-storey building, was not compatible with residential living.

Mr Oliver initially applied for a change of use to a short-term holiday let for the flat in late 2023, telling planners he and his family emigrated to Australia six years earlier and used it to visit his parents.

Council planners refused the original application which involved using both bedrooms for guests and an appeal to the council’s Local Review Body was also rejected along with a further appeal to Scottish Ministers over an enforcement notice.

In the appeal, Mr Oliver had said no neighbours had complained about the holiday flat, which he said benefited everyone in the building as he pays for the cleaning of the stairwell.

He added that as well as allowing other people to let the flat it is a home for his family when they visit his parents in the summer so they can spend time with his children.

He said: “We live in Australia and this property is a vital link to allow our children to spend time with their grandparents who can’t travel and otherwise would not know them.”

Applying for a change of use again, Mr Oliver said the second bedroom in the flat would be locked as it contained family items stored for when they visited themselves.

Refusing the change of use officers said the only difference in the applications was the reduction in rooms available and said: “The holiday let use of the flatted property is incompatible with and harmful to the amenity of the occupiers of the properties within the residential building.”