Booming holiday flat in picturesque Scottish coastal town high street deemed unlawful over 'intense' use
A North Berwick holiday flat owner has been told the property’s success has made it ‘unlawful’ after losing an appeal to keep operating.
The owner of the flat on the seaside town’s High Street had appealed to Scottish ministers after they were refused a certificate of lawful use by East Lothian Council.
Advertisement
Hide AdAdvertisement
Hide Ad

They argued it was not needed as the second floor flat’s use as a short term holiday let was no different to it being used as a residential home.
However, the appeal has been dismissed after the Scottish Government Reporter ruled the high use of the flat during the year made it different and said it needed planning permission.


The Reporter said the flat had a 95 per cent occupancy between April and October, adding: “This degree of use and letting pattern of the property – being year-round and available for short stays – is likely to lead to a pattern of use that is different to long-term residents, with a greater frequency and number of comings and goings by visitors.”
They added: “Due to the consistent use of the property throughout the year by guests staying on short-term lets, the intensity of this use due to the length of stays and changeovers, and the potential for disturbance to neighbours, I consider the use of the property for short-term letting that is set out in the application is a pattern of activity beyond that which is consistent with its occupation by permanent or long-term residents.
Advertisement
Hide AdAdvertisement
Hide Ad“That use also exceeds what may reasonably be considered to be ancillary or incidental to any main residential use.”
The flat, known as Scott’s View, is described as a two-minute walk from the beach at North Berwick.
A change in legislation has meant operators of flats used as short-term holiday lets have to apply for a change of use through local authority planning unless they are granted a certificate of lawful use.
Comments
Want to join the conversation? Please or to comment on this article.