An Airbnb owner has been told their flat is ‘too popular’ to qualify for automatic approval to carry on operating.
The owner of the ground floor flat in Musselburgh had applied for a Certificate of Lawfulness to keep renting out the short term holiday home which was first advertised on the website in January this year.
The certificate, which avoids the need to apply for a change of use for short term holiday lets, was applied for on the grounds there had been no material change of use of the flat.
However planners said the fact the two bedroom flat , in Kilwinning Terrace, has been occupied for 99% of the time it has been available, with stays lasting between two to five days, meant there had been a change of use and it was not ‘lawful’.
Refusing an application for the certificate planners said: “The property is advertised on Airbnb and is let out continuously throughout the year, with the applicant stating an occupancy rate of 99% in their supporting statement.
“The use of the applicants’ flat as a unit of short-term holiday let accommodation by a maximum of four guests would not be too dissimilar to the number of residents that could occupy the property in a residential use.
“However, as the flat is advertised on a holiday rental platform, coupled with the frequency of the arrival and departures of guests and the movements associated with the changeovers and cleaning between guest stays, this would lead to a different movement pattern which is incomparable with long-term residential use.
“Based on this information, it is considered that, the use of the applicants’ ground floor flat for short term holiday let accommodation constitutes a material change of use, requiring planning permission, where a lawful use cannot otherwise be demonstrated.”
Certificates of Lawfulness can be issued if it can be proven a property has been used continually for ten years or more or there is no material change of use.
In this case the applicant had argued that as the ground floor flat has its own main door and private front garden and did not share any communal area with neighbours the coming and goings of visitors did not have any more impact than if it was being used by long term tenants.
By Marie Sharp Local Democracy Reporter
