THE owner of a North Berwick holiday flat who was granted a licence to operate despite not having planning approval has appealed to Scottish Ministers.

James Miller-Stirling was refused permission to carry on using the flat on Balfour Street as a short-term holiday let by East Lothian Council planners, who ruled in January that it was not a "lawful" use.

The flat owner had applied for a Certificate of Lawfulness for the property which would have meant he did not need to apply for planning permission for a change of use.

Planners rejected his request, leaving him facing having to lodge an application with them.

However, a meeting of the council’s licensing sub-committee last month went ahead with granting Mr Miller-Stirling a temporary licence to operate the holiday let, despite being told that no planning permission was in place.

READ MORE: Holiday let owner wins licence to operate

Now, agents for the owner have appealed against the planning decision, citing the granting of the licence as part of their appeal.

In their statement to Scottish Ministers, they say: “The management of the property continuously seeks to maintain a harmonious relationship with the community, and the appellant has recently been issued a short-term let licence, as have many other short-term let operators in the area.”

Appealing to ministers to overturn planners' decision and issue a Certificate of Lawfulness for the flat to continue, they add: “The appellant contends that the short-term residential letting is not representative of a material change of use, and therefore does not represent ‘development’ which requires planning permission.”

At last month’s licensing sub-committee meeting, a fellow flat owner in the property urged councillors not to grant the operating licence, saying that guests in the flat and others rented out in his block created anti-social problems.

Mr Miller-Stirling said that he bought the flat in 2018 and it was a second home he used on trips to North Berwick but also rented out during the summer season.

The sub committee granted the licence temporarily so it could monitor the impact on neighbours and any complaints over the next two summers.

The appeal to Scottish Ministers is available to view and for comments on the DPEA website.