Rental deemed unlawful despite license. Ministers back council decision, denying certificate.
The owner had a flat on Gullane Main Street. East Lothian Council wouldn’t give it a certificate. The flat is popular among families and golfers.
The owner said other building flats were also rentals. Even so, the government reporter supported the council. They stated that the decision made sense. The license wasn’t relevant to the appeal.
The reporter said a license doesn’t matter here; it doesn’t change if renting is different than living there.
Sarah Marley, the owner, argued the rental usage wasn’t different. Long-term residents would use it similarly, she thought. She wanted a certificate to avoid planning permission, adding that other local flats are also rentals.
The reporter disagreed, stating short-term rentals use is different. The reporter pointed to high guest turnover. Cleaning often occurred in shared areas, and the entry and stairs saw a lot of traffic.
The owner said neighbors wouldn’t face disturbance. The reporter claimed they couldn’t ensure that, especially since the owner wasn’t staying there.
The reporter rejected the appeal completely. Short-term renting has a different use pattern. Standard domestic living proves quite its opposite, meaning the change in use needs permission.
No one granted planning permission for the flat. Therefore, the rental is not lawful.