A HOLIDAY flat owner has lost his appeal to Scottish Ministers to keep operating after a Reporter ruled that the number of guests was too "intensive".

East Lothian Council planners refused to issue a certificate of lawfulness for the flat on North Berwick High Street, which would have avoided its owner needing planning permission to carry on with the short-term letting of the property.

Now the Scottish Government Reporter has ruled that allowing up to six people to stay in the two-bedroom flat, as well as providing an additional child bed, was far beyond what a normal home of its size would have.

And they said that the year-round use of the flat, with so many guests able to stay, did have an impact on neighbours.

Dismissing Graeme Carruth’s appeal against the council’s decision, the Reporter said: “The intensive use of the property by six visitors (and with the ability of a further child being accommodated) leads to a level of comings and goings from this property that is not to be expected with its use as a residential flat.

“This activity would be via the shared access door and staircase with the first-floor flat, and this leads to the potential for noise and disturbance at all times, and throughout the week and weekend.

'High level of occupation'

“I consider this to be a high level of occupation for a two-bedroom flat. The sleeping arrangements and number of people in each bedroom is not what would typically be expected in a flat of this size and configuration, with no amenity space in the town centre.”

They added: “I find that, on the balance of probability, the use of this property entails a materially different pattern of use than that associated with its occupation on a normal domestic basis.

“I conclude that the use amounts to a material change of use which requires planning permission. As no planning permission has been granted, the use is not established and is not lawful.”

Representatives for the owner of the flat, which they have operated as a short-term holiday let since 2019, had argued that there was no material change of use which required planning permission, saying the flat that could "comfortably" accommodate six guests.

They added: “This maximum occupancy is consistent with a property of this size in the area.”