A SECOND attempt to turn a family home into a House of Multiple Occupancy (HMO) has been thrown out by councillors after it was revealed the owner had monoblocked over an access strip.

Benchmark 4 LLP built over the strip of grass at the front of the house at 69 Kennedy Crescent, Tranent, despite a clause in the title deeds prohibiting it, so more vehicles could park outside the house.

The move came after East Lothian Council’s licensing sub-committee refused to grant an HMO licence for the house last November because of a lack of parking on the street.

The widened driveway was enough for the firm to persuade the sheriff court to send their case back to the council for a review after it ruled it a material change to the proposal.

However, at a virtual meeting of the licensing sub-committee, councillors raised concerns about how parking at the house would be monitored, and how the local authority or emergency services would access the strip which had been monoblocked over if a car was parked over it in an emergency.

Scott Runciman, representing the applicant, told members that while the initial application was for five people from different households to live on the property and six vehicles, it was now for four people and five vehicles.

And when pressed on the issue of access to services, he suggested conditions could be attached to the licence to ensure it was not parked over and even that it was returned to grass.

That suggestion led Councillor Tom Trotter to point out that removing the additional parking space put the application back to where it had been last year.

The committee heard that more than 12 local residents had objected to the plans, with concerns about anti-social behaviour, parking issues and safety raised.

Objectors also pointed out that the title deeds for the properties at Kennedy Court stated that the houses had to remain single family occupancy.

Michael Brunton, who took part in the virtual meeting on behalf of several of the objectors, said: “Parking is a real problem in Kennedy Court. It is already overcrowded as the average house has two cars.”

The sub-committee was told that any issue over title deed obligations was for “other forums”.

Mr Trotter asked Mr Runciman which ‘other forums’ residents had to raise concerns over a breach of title deeds and was told it would be the sheriff court or Lands Tribunal.

Mr Trotter told the committee that he would be voting against the licence application being granted, saying he believed the right decision had been taken in November.

Referring to the possibility of residents having to go to court to challenge the applicant’s interpretation of the title deeds, he added: “I am not willing to let our constituents put themselves in that position.

“We are the statutory body that can stop this happening and we need to make the decision and the right thing for me is not to grant.”

Provost John McMillan also voted against the licence being granted, adding he would want so many conditions put on the licence it would not be practical.

The committee voted by four members to two to refuse the licence application, citing parking issues as the main reason.