Booming holiday flat in picturesque Scottish coastal town high street deemed unlawful over 'intense' use

The Scottish Government Reporter has ruled against the flat’s ongoing use as a short-term holiday let

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.

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People watch the sunset from North Berwick Harbour. An short-term let application has been rejected in the picturesque East Lothian seaside townPeople watch the sunset from North Berwick Harbour. An short-term let application has been rejected in the picturesque East Lothian seaside town
People watch the sunset from North Berwick Harbour. An short-term let application has been rejected in the picturesque East Lothian seaside town | PA

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.

North Berwick's High Street, where the flat is situatedNorth Berwick's High Street, where the flat is situated
North Berwick's High Street, where the flat is situated | Google Maps

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.

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“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.

The Reporter said the use of the flat did amount to a “material change of use, which requires planning permission”. They added: “As no planning permission has been granted, the use is not established and is not lawful.”

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