Short-term let conversion at Flat 3 12 Old Tolbooth Wynd, Old Town, Edinburgh

What was proposed

The application sought retrospective permission to change a residential flat into short-term let accommodation, without internal or external physical changes.

“Application for Planning Permission STL. Flat 3, 12 Old Tolbooth Wynd, Old Town.”

“Proposal: Retrospective change of use of premises to short term let accommodation.”

Officer report

The site

The property is a two-bedroom first-floor flat in a modern residential block within the Old Town Conservation Area and World Heritage Site.

“The application property is a two-bedroom, first floor flat within a modern four-storey flatted development at 12 (Flat 3) Old Tolbooth Wynd, off Calton Road. Access is via a shared entrance and communal stairwell. The main shared access is to the front of the residential block on the west side of Old Tolbooth Wynd. On the east side of Old Tolbooth Wynd is a high stone wall behind which is Canongate Kirkyard. There is a secondary shared access to the rear of the block.”

“The application property is in the Old and New Towns of Edinburgh World Heritage Site and the Old Town Conservation Area.”

Officer report

Earlier applications

The short-term let use was said to have operated since August 2012, while an earlier lawfulness application was withdrawn in 2024.

“The application is for a change of use from residential to STL (sui generis). No internal or external physical changes are proposed. The applicant advises that the short term let use has been in operation since August 2012. The application is therefore retrospective.”

“23/05749/CLESTL Flat 3 12 Old Tolbooth Wynd Edinburgh EH8 8EQ Application for the issue of a Certificate of Lawfulness confirming its existing use and a short-term let visitor accommodation. withdrawn 15 May 2024”

Officer report

Why officers recommended refusal

Officers found unacceptable effects on neighbouring amenity and insufficient justification for losing residential accommodation, despite economic benefits from tourism.

“Given the declared housing emergency and pressures on residential accommodation in Edinburgh, in addition to the economic and societal benefits that residential accommodation in the City brings in terms of people being able to live, work and contribute to their community, significant weight has to be given to the retention of existing residential accommodation.”

“The change of use of this property to an 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

Consultation and publicity

No consultations were undertaken; neighbour notification, press publicity and site notices produced 26 contributors.

“Date of Neighbour Notification: March 2025 Date of Renotification of Neighbour Notification: Not Applicable Press Publication Date(s): March 2025 Site Notices Date(s): March 2025 Number of Contributors: 26”

Officer report

What people said

Twenty-three representations supported the application and three objected, raising economic, amenity, housing, parking and licensing points.

“− Negative impact on residential amenity (including community cohesion and residents' safety and security). − Negative impact on housing stock. − May lead to parking problems…”

“− Brings economic benefits. − There will be no negative impact on residential amenity. − The STL use will comply with licensing requirements.”

Officer report

The decision

“Decision 4.16 - Flat 5 8 Porteous' Pend, Edinburgh, EH1 2HP Proposal for retrospective change of use of premises to short term let accommodation - application no.”

Minutes, 1 Oct 2025