Two holiday flats in North Berwick ruled unlawful after losing appeal

The owners of two holiday flats on a North Berwick street have been told they are being operated unlawfully after losing their appeals.

The flats on Melbourne Place had been used as short-term lets for several years before a change in legislation saw them need permission to continue.

However, when the owners applied for a Certificate of Lawfulness from East Lothian Council to allow them to continue, they were refused because the local authority said they needed to submit a new planning application.

Now, Scottish Ministers have agreed after their Reporter threw out their appeals, ruling the use of the flats as short-term holiday homes was not the same as if they were residential homes.

Both property owners had argued that there was no need for a change of use application because guests staying in the flats had no more of an impact on neighbours than if they were long-term tenants.

One of the flats, owned by Angus Watson, had its own main entrance, and agents at STL Solutions argued it had no impact on neighbours. The other, owned by Abbie Clowes, had a communal entrance, but agents at STL Solutions argued no other flat door was passed en route to it.

In both cases, STL Solutions provided pages of examples of cases that it argued back its appeal case, but the Reporter said that while they made note of those, each application was taken individually.

The Reporter ruled that in both cases, the use of the flats as short-term holiday lets was a change of use because of the impact on neighbouring residents of a high turnover of guests.

The appeals were dismissed.