A flat owner near North Berwick beach was denied a rental permit due to the area’s residential character.
Planners denied her rental permit request, which was a “Certificate of Lawfulness.” Scottish Ministers upheld that decision later. Nulty purchased the flat three years prior. The location was near the beach and surrounded by many holiday rentals.
Still, the Reporter noted a “residential ambience.” Nulty’s agent said they planned the rental and called the area mostly residential, but with rentals. They posted stairwell courtesy signs.
They sought the certificate for legal reasons, to avoid changing the property’s use. They argued no difference from regular tenants. Neighbors objected to the request, feeling the signs proved rental issues.
One neighbor stated that the visitors often ignored the signs. The Reporter did not visit the rental flat, which holds six guests at a time, but deemed existing proof sufficient for analysis.
The appeal was denied by the Reporter because short-term lets changed the property’s use. It exceeded residential usage significantly. The Reporter concluded a “material change of use” occurred. Planning permission became a requirement. No permission existed, so it was unlawful.