Short-term holiday let at Flat 4 9 Heriothill Terrace, Broughton, Edinburgh

What was proposed

The application sought retrospective permission to change a two-bedroom flat from residential use to short-term holiday accommodation, without physical alterations.

“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 change of use of the property from a flatted dwelling to short term let (sui generis). No internal or external physical changes are proposed. The application form states that the operation of the property as a short term let commenced on 31 January 2022. The application is therefore retrospective.”

Officer report

The site

The flat is on the first floor of a four-storey residential block sharing an entrance and stairwell, on a predominantly residential cul-de-sac.

“The application property is a two-bedroom flat on the first floor of a four-storey contemporary residential block at 9 (Flat 4) Heriothill Terrace, Canonmills. The property shares a communal entrance door and stairwell with other flats.”

“Heriothill Terrace extends north-eastwards from Rodney Street. It is a cul-de-sac with no through route for vehicles and is predominantly residential. There is a children's nursery and some commercial properties at the north-eastern end of the street.”

Officer report

Earlier application

An earlier certificate of lawfulness application was refused, and an appeal against that decision was dismissed.

“23/04829/CLESTL Flat 4 9 Heriothill Terrace Edinburgh EH7 4DZ Application for a Certificate of Lawfulness for a short-term let. Refused 18 June 2024”

“23/04829/CLESTL Flat 4, 9 Heriothill Terrace Edinburgh EH7 4DZ. Application for a Certificate of Lawfulness for short term let. Refused 18.6.2024. Subsequently appealed to the Planning and Environmental Appeals Division (DPEA). DPEA dismissed the appeal 27.9.2024.”

Officer report

Effects on neighbours and housing

Officers considered that transient guests would increase movement and noise in shared areas and that the loss of a home was not outweighed by economic benefits.

“Use of the property as an STL would introduce an increased frequency of movement to the property, shared stairwell, main entrance and the footpath in front of the main entrance where the immediate surrounding area is predominantly residential. The property's location on the first floor of the residential block means guests are required to pass the doors of other residents' flats as they move to and from the property.”

“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

Public representations

There were 23 representations, all supporting the proposal and citing economic benefits, no harm to residents, compatibility with tourism and no traffic harm.

“A total of 23 representations have been received and these are all in support. A summary of the representations is provided below:”

“- Brings economic benefits. - There will be no negative impact on residential amenity. - Complements other tourist accommodation in the city. - There will be no negative impact on traffic.”

Officer report

Who spoke

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The committee decision

The committee refused planning permission for the reasons set out in the officer report.

“25/05197/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

Reasons for refusal

The proposal was refused because it would harm nearby residents’ living conditions and amenity and had not justified the loss of a residential property.

“The proposal is contrary to Local Development Plan Policy Hou 6 in respect of Inappropriate Uses in Residential Areas, as the use of this property as a short term let will have a materially detrimental effect on the living conditions and amenity of nearby residents.”

“The proposal is contrary to National Planning Framework 4 Policy 30(e) in respect of Local Amenity and Loss of Residential Accommodation, as the use of this property as a short term let will result in an unacceptable impact on local amenity and the loss of a residential property has not been justified.”

Officer report