Flat’s owners refused permission for holiday let amid complaints

A couple were seeking to confirm the lawful use of the ground floor, three-bedroom property in Rosneath.

Flat’s owners refused permission for holiday let amid complaints iStock
Flats: A couple were seeking to confirm the lawful use of the ground floor, three-bedroom property in Rosneath.

Owners of a Rosneath flat have been denied permission by council chiefs to use their property for short-term holiday letting amid complaints from neighbours over noise, litter and parking.

Brian and Christine Farmer were seeking to confirm the lawful use of the ground floor, three-bedroom property.

Confirmation was sought as to whether using the property on a commercial basis for short-term lets was a material change of use of the property, and whether planning permission would be required as a result.

However, Argyll and Bute Council planning officers have now ruled that the building’s use as a holiday let had been unauthorised, and that a certificate of lawful use should be refused.

A council officer said in a handling report: “Since the property has been utilised as a short-term holiday let there have been a number of complaints relevant to use of the flat as a short-term holiday let from neighbouring properties.

“The complaints relate to the negative impacts on the surrounding properties such as noise, litter and parking.

“I note that the intensification of use of a dwelling house over a condensed letting period would result in general disturbance and significant detrimental impact on the amenity of neighbouring properties.

“I feel that the negative effects on the neighbouring properties are being exacerbated as the property is part of a flatted development and not a detached property.

“It is also considered that the use of the property has been intensified as the changeover of guests is far more often than if the property was the main residence of a single family.

“It is also noted that the property is not the owners’ main residence, but is used as sleeping accommodation for up to six people on a short-term letting basis for commercial consideration and not, for example, to extended family.

“It is my view based on the above that the current use of the property as a short-term holiday let is material and therefore requires planning permission.”

The report reveals that a planning contravention notice (PCN) was issued to the property’s owners in January, seeking more information about its use, and that a response was received in May, prior to the application for a ‘certificate of lawful use’ being lodged.

The officer added: “It is considered that the information submitted by the owners in their PCN (planning contravention notice) response is that the flatted property has been used as a short-term holiday let from 2020, the current owners bought the property in December 2019 and that it is not their primary residence.

“Therefore, it is considered that the use of the property as a short-term holiday let is not ‘time expired’ from enforcement action.

“It is therefore considered that the lawful use rights for residential accommodation have been superseded by the material change of use to a short-term holiday let which is currently unauthorised.

“In light of this the lawful use of property as a short-term holiday let cannot be claimed and a certificate of lawful use should be refused.”

By local democracy reporter Andrew Galloway