Short-term let owner complains of 'bias' after planning permission refused

The refusal for planning permission for a short-term let in a luxury housing complex in Livingston has been upheld, sparking complaints of bias by the owner.

Wendy Harrison said the only difference between her flat and another, which is a short-term let, is that her correspondence address is in London, the other is in Edinburgh.

However, councillors backed planners who had rejected the application on the basis of the housing crisis declared by the council.

Ms Harrison also questioned this assertion claiming: “The property is in Deer Park, Livingston’s most affluent area, valued £186,000– £235,000 with rents around £1,150/month. It is not suitable or designated for social or emergency housing.”

She had appealed to the Local Review Body over a planning decision against her retrospective application to continue to use the flat at 16 Knightsridge House, Watson Green in Livingston as a short-term let.

Knightsridge House is a converted and extended Category B listed building of 18 flats adjacent to the Deer Park Golf and Country Club in northern Livingston.

Planners had refused permission saying: “The operation of a short-term let has a detrimental impact on local amenity and significantly adversely impacts permanent residents with noise and disturbance travelling across the shared staircase and the building.

“The council has declared a housing emergency due to lack of affordable homes and high number of homelessness across West Lothian. Therefore, sustaining existing housing stock is considered to be crucial to resolve those matters.”

Ms Harrison claimed this was unfair as Number 14, directly below her flat, has permission for short-term let use.

In her submission to the LRB, she stated: “I have owned Apartment 16 since 2001, 9 years longer than Apartment 14, and operated it as an STL since August 2021 with no objections or complaints.

“The officer erred in claiming Apt 14 had a separate entrance, when both share the same door. The property causes no housing policy harm as it is high-value private housing. The Council holds no evidence that STL use increases footfall. Refusal is inconsistent, procedurally unfair, and unsound given Apt 14 was approved twice.”

Ms Harrison added: “The only apparent difference between the applications is the correspondence address of the applicants: Apartment 14 is in Edinburgh and mine in London. This raises concerns of potential bias.”

A planning officer told the board that No 14 was granted temporary permission prior to the declaration of the housing crisis in the county. The current permission expires in May 2027.

The LRB heard that the applicant had appealed against an earlier refusal to the Division of Planning and Environmental Appeals (DPEA). In that case, the DPEA backed the council’s refusal.

Nevertheless, the applicant said she would again appeal to the DPEA should the committee refuse the latest appeal.

A planning officer pointed out that the DPEA would not reconsider a decision made by the committee, and the only route of appeal would be through judicial review on matters of law.

Councillor Willie Boyle told the meeting: “The temporary let that was granted to the neighbouring property was prior to the position we’re in with housing.

“If we then grant a temporary accommodation for this application, then when the other one comes up for renewal, there’ll be an argument to continue that one. We’re in a housing crisis. I’m sorry, but I recommend the paper.”

Seconding the motion Labour’s Tom Conn said: “ I think the fact of the housing emergency changes the way this property should be treated.”