Appendix 11 - Representation (Taylor)
Perth and Kinross Council · 11 August 2025
Back to Licensing Committee — 11 August 2025 and its agenda
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1 To The Licensing Committee, Perth and Kinross Council Date : 30th June 2025 The following representation has been agreed with the residents of Loch Tummel who have lodged objections to the following proposal. The text of this document has been approved by the objectors, has been copied to them and reflects their concerns. Representation regarding the Application for a licence for the use of the Residential Property at Aldcharmaig, Loch Tummel, as a short term let, without the benefit of a Change of Use Approval from the Perth and Kinross Planning Authority. Application Ref 124112461 Application Address PH16 5NT Yesterday, I attended a meeting of the Foss objectors to obtain a sense of their concerns regarding the above application. As recommended by the Licensing Authority, it has been agreed that an approach will be made to the owner of the property to see whether he is willing to take action that would reduce the potential effect of nuisance to the Foss inhabitants. It was noted by one of the objectors that she had already had a meeting with the owner, Mr MacDonald, and had found his attitude to her concerns dismissive; with no commitment being given that ameliorating actions would be taken. Another resident mentioned a recent party at the property during which a launch passed at high speed along the loch trailing a large Union Jack. Apparently, the party was in honour of an ex-marine, an army colleague of the owner. Such reports do not suggest any great willingness to be neighbourly, although a meeting will certainly be sought. The concerns expressed at the meeting were many and varied and since these have largely been expressed in individual objection letters, they are not repeated in this representation. Hardly surprisingly, most concerns are centred around how the property will be managed if a licence is granted. This is of course unknowable in advance, but since the owner categorically refused to state that stag and hen parties would not be held at the property, there is understandable worry. An important matter that has been commented on by one objector, , is the fact that Loch Tummel lies within a National Scenic Area. National Planning Framework 4 c) states that development that affects an NSA will only be permitted where; “Any significant adverse effects on its special qualities are outweighed by social, environmental or economic benefits of national importance. Planning Authorities should ensure that: - New development in.. an NSA doesn’t detract from the quality or character of the landscape - The scale, siting and design of such are appropriate - The design and landscaping are of a high standard” The wanton destruction of the tree landscape in front of the new house and along the loch frontage suggests that none of the above requirements have been met. Any aggressive use of the waterside facilities at Aldcharmaig will undoubtedly contravene the above requirements.
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2 Advisory Guidance The following documentation from the Scottish Government and the Perth and Kinross Council identifies the fact that a Short-term Letting Application such as is proposed for the above property should have the benefit of an approval from the Planning Committee of the Perth and Kinross Council. There is no record of such an Application being made. Short Term Lets; Planning Guidance Published by The Scottish Government – 25 June 2021 2.1 Planning permission is required for ‘development’. The definition of development includes a material change of use of land or buildings, even if there are no physical alterations to the land or buildings. 2.6 Changing the use of a dwellinghouse to provide short term lets may constitute a material change of use requiring planning permission. Whether or not this is the case will depend upon the circumstances and factors which apply to the particular change of use. 2.7 There are a number of factors which may affect a planning authority’s consideration of whether a change of use is a material change of use. Factors include the change on local amenity and the character of a neighbourhood or area, safety and impact on immediate neighbours. 2.10 This means that planning permission for change of use from any other use as a short term let may be required in most cases. 2.18 Examples of material planning considerations are; 2.19 Guest arrival and departure times and whether these are at unsociable hours. 2.22 The high turnover of guests in short-term lets………increases the chance of some people wilfully or negligently failing to behave appropriately. 2.24 Likelihood of increased noise and general disturbance compared to the occupancy of a property on a permanent or long-term basis. 2.27 Guests may have different food shopping habits than permanent residents, possibly bringing provisions with them rather than using local food retailers. 2.28 More people ………are likely to have more impact on neighbours. Greater numbers of people staying are likely to be an amplifying factor on …..considerations. (by the Planning Department)
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3 Perth and Kinross Council Advice: “Short term lets - Development Management” “Checklist - Do I need Planning permission to use my property as a short term let? If the answer to any of the following is ‘YES’ then you need Planning Permission Question 4. Will any guests be regularly checking in or out at unsociable hours? Question 6. Will parties be held in the property by guests? (including accepting stag and hen bookings etc) Question 9. Do you consider that the use of the property might detract from the character or amenity of the area in any way? From the above, it is suggested that a Planning Application for Change of Use to a short term letting operation should have been lodged. It is hardly contentious to state that the use of Aldcharmaig House as a short-term let will inevitably affect the ‘character or amenity’ of the Loch Tummel neighbourhood. The loch is a unique microcosm, completely different from an urban or even a village environment. A short term let of the scale and facilities; eg huge games room, sauna, hot tub, speedboats etc cannot help but attract a particular clientele affecting the tranquility of the area. Statement from the Licensing Authority In connection with the above application, the Licensing Authority has stated that since “there is no Control Area within Perth and Kinross , there is no requirement for planning permission to be secured before a short-term licence may be granted”. However, “the granting of a short-term licence does not supersede the requirement for planning permission if the Planning Authority determines that it is required.” Statement from The Planning Department The Planning Department of PKC has responded to questions regarding the above Application with the following statement. “Based on the information within the submission (the short-term letting application), the planning department consider that planning permission is required for change of use and licencing have been advised of this. The Planning Support Officer will write to the applicant to advise the planning departments position.” As at 23/06/25, “no change of use (application) has taken place to date.”
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4 Submission The Licensing Authority may grant a licence for a short-term let and if an application for Planning Consent has not been determined by that time, the owners of the property may start their commercial operations. A refusal of Consent or operational restrictions being placed on the operation of the let, means that two separate departments of the Council will have arrived at contradictory positions regarding the use of the above property. It is easy to imagine circumstance under which the property owner could launch legal action regarding this contradiction, particularly if the owner is forced to suspend or alter his commercial activities. There is no need for this anomalous situation to arise, because if the Planning Department requires an Application for a Change of Use and pursues it with energy, then the issue of consent, conditional consent or refusal will be clearly defined, allowing the Licensing Authority to take its own decisions regarding the license. It is therefore suggested that the Licensing Authority pauses the application for a short-term letting license until such time as the Planning Department has concluded whether a Change of Use Application is appropriate. A Planning Application is the appropriate forum in which the competing claims of environmental effects and commercial advantage can be assessed. If the Licensing Authority feels compelled to grant a licence then it is suggested that stringent operational conditions be applied to the licence. Signed, David K Taylor. Barch Drumnakyle, By Foss, Tummel Bridge, Perthshire PH16 5NJ Statement: The Committee is respectfully requested to consider this representation despite the fact that the deadline for this submission was missed by a day. I had been working in the Middle East until three days before the due date and had not been aware of the application to the Committee until my return to the UK.