Short-term let accommodation at 3F2 74 Elm Row, Broughton, Edinburgh

“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.”

“The application is for the retrospective change of use of the property from a flatted dwelling to short term let (STL). No internal or external physical changes are proposed. The application form states that the operation of the property as a short stay let commenced on 01/10/2019.”

“The application property is a third floor flat within a four-storey tenement at 3F2, 74 Elm Row, Leith Walk. It comprises three bedrooms, a kitchen and bathroom. Access is via a communal entrance and stairwell shared with other residential properties.”

“The surrounding area is mixed use in character with a variety of commercial and residential properties located nearby. The property fronts Leith Walk, a busy thoroughfare with a high degree of on-street activity, both during the day and into the evening/night. Public transport links are easily accessible form the site.”

“Planning Contravention Notice (PCN) Served - Alleged unauthorised change of use of residential dwelling to a short-term let.”

“Appeal dismissed - The use of the property for short-term letting accommodation amounts to a material change of use requiring planning permission. As no planning permission has been granted, I conclude that the use is not established and is not lawful.”

“However, the three-bedroom property is accessed via a common entrance and stairwell shared with other residential units. Therefore, the use of this property as an STL would introduce an increased frequency of movement to the property through the shared entrance and stair. The STL use would enable visitors to arrive and stay at the premises for a short period of time on a regular basis throughout the year in a manner dissimilar to that of permanent residents.”

“The activity and noise generated by the proposed use would be significantly different from what neighbouring residents living within the building might reasonably expect and consequently will have a significant detrimental effect on their living conditions and amenity.”

“− The STL use will comply with licensing requirements. − Positive economic impact. − No detrimental impact on amenity and the character of the area.”

“25/01397/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.”