Short-term let accommodation at 3F2 40 St Mary's Street, Edinburgh
Summary of planning committee decision
Decided by Edinburgh Development Management Sub-Committee on 6 Aug 2025.
What was proposed
The application sought retrospective permission to change a three-bedroom flat from residential use to short-term let accommodation, without physical alterations.
“The application is for a change of use from residential to short term let (sui generis). No internal or external physical changes are proposed. The applicant advises that the short term let use has been in operation since December 2016. Therefore, the application is retrospective.”
“The applicant has provided a planning statement and economic report to support the application.”
Officer report
The site
The flat is on the third floor of a listed building, sharing a communal stair, within the Old Town Conservation Area and World Heritage Site.
“The application property is a three-bedroom flat on the third floor at 40 (3F2), St Mary's Street. The property shares its access to the street via a communal stair with other properties.”
“The application property is in the Old and New Towns of Edinburgh World Heritage Site and the Old Town Conservation Area.”
Officer report
Earlier application
An earlier certificate of lawfulness application for the existing short-term let use was refused in October 2024.
“23/05189/CLESTL 3F2 40 St Mary's Street Edinburgh EH1 1SX Certificate of lawfulness (CLEUD) for existing short term let use. Refused 9 October 2024”
“There is no pre-application process history.”
Officer report
What officers recommended
Officers recommended refusal because the use would harm neighbouring amenity and the economic benefits did not outweigh the loss of residential accommodation.
“It is recommended that this application be Refused subject to the details below.”
“The change of use of this property to a short term let (STL) will have an unacceptable impact on neighbouring amenity. The loss of the residential accommodation has not been justified. Whilst it is recognised that there is an economic benefit to the City as a whole from the provision of tourist accommodation, in this case it does not outweigh the adverse impact on residential amenity or the loss of residential accommodation.”
Officer report
Main planning concerns
The short-term let would increase movement, disturbance and security concerns, while the loss of a home was not sufficiently justified by economic benefits.
“There is a mix of uses in the surrounding area and as such there is a high ambient noise level. Consequently, the introduction of an STL use in this location will have no further deterioration in the amenity of the surrounding area. However, the use of this property as an STL would introduce an increased frequency of movement to the property, shared stairwell and main entrance door.”
“To comply with the policy, it is not sufficient to demonstrate that the STL use will deliver economic benefits; rather, it must be demonstrated that the economic benefits associated with any individual application are significant enough that they warrant the loss of a home, and the economic and other benefits associated with this.”
Officer report
The committee’s decision
The committee refused planning permission for the reasons set out in the officer’s report, including harm to local amenity and unjustified housing loss.
“25/00150/FULSTL - report by the Chief Planning Officer To REFUSE planning permission for the reasons set out in section C of the report by the Chief Planning Officer.”
Minutes
Sources
- Edinburgh Development Management Sub-Committee minutes, 6 August 2025
- Agenda and papers (council website)
Source: Plota analysis of Edinburgh's committee minutes and officer report. Quotations are the council's own words; headings and summaries are Plota's.
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See the API →At the meeting
- Council
- Edinburgh
- Date
- Wednesday 6 August 2025
- Recommendation
- Officers recommended refusal
- Committee decided
- Refused
- Minutes
- The council's minutes
- Meeting
- Agenda and papers (council website)
- Application
- The application (council website)
- All decisions
- Edinburgh committee decisions →
This committee's year
21 decisions in the 12 months to this meeting.
Source: Plota analysis of the committee's minutes.