Agenda Document Pack - Licensing Committee - 05/08/2024
Perth and Kinross Council · 5 August 2024
Back to Licensing Committee — 5 August 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 29/07/2024 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Monday, 05 August 2024 at 13:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Bailie Mike Williamson (Convener) Councillor Iain MacPherson (Vice-Convener) Councillor Keith Allan Councillor Hugh Anderson Councillor Bob Brawn Bailie Rhona Brock Councillor Steven Carr Councillor Andy Chan Councillor Michelle Frampton Councillor Ken Harvey Councillor Willie Robertson Councillor Grant Stewart Page 1 of 48
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Licensing Committee Monday, 05 August 2024 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE LICENSING COMMITTEE OF 1 JULY 2024 FOR APPROVAL (copy herewith) 5 - 8 4 GRANT OF SHORT-TERM LET LICENCE - PROVISIONAL LICENCE PK12361P Report by Strategic Lead - Legal and Governance (copy herewith 24/211) 9 - 28 5 GRANT OF SHORT-TERM LET LICENCE - PROVISIONAL LICENCE PK13053P Report by Strategic Lead - Legal and Governance (copy herewith 24/212) 29 - 48 Page 3 of 48
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth, on Monday 1 July 2024 at 1.00pm. Present: Bailies R Brock and M Williamson, Councillors K Allan, B Brawn, S Carr, A Chan, M Frampton, K Harvey, I MacPherson, W Robertson and G Stewart. In Attendance: M McLaren, K Engelberts, S Michie, A Taylor, A Brown and S Dockerill (all Strategy, People and Resources). Also in attendance: T Baynham and K Ogierman (both Police Scotland) Apologies: Councillor H Anderson and C Reid. Bailie M Williamson, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. Apologies for absence were noted as above. 2. DECLARATIONS OF INTEREST There were no Declarations of Interests made in terms of the Councillors Code of Conduct. 3. MINUTE OF MEETING OF LICENSING COMMITTEE OF 20 MAY 2024 FOR APPROVAL Minute of meeting of Licensing Committee of Licensing Committee of 20 May 2024 was submitted and approved as a correct record. 4. GRANT OF VARIATION OF CONDITION 7 OF A STREET TRADER LICENCE – ST493 There was submitted a report by Strategic Lead – Legal and Governance (24/208) together with application form, photographs of the proposed site, street trader licence conditions and four letters of objection in relation to the variation of a street trader licence. Mrs Kirsty Batchelor and Mr Callum Nicoll, objectors to the application, attended the meeting in-person, Mr Sandy Batchelor, objector attended via telephone. All objectors addressed the Committee and answered Members’ questions. Ms Gemma Grant, the applicant, attended the meeting, addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 3 Page 5 of 48
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Motion (Bailie M Williamson and Councillor I MacPherson) Variation of Condition 7 of Street Trader Licence ST493, be granted. 1st Amendment (Councillors K Allan and A Chan) The application to vary Condition 7 of Street Trader Licence ST493, be approved subject to the proposed operating hours permitted on Thursday, Friday and Saturday being altered to 7.00am to 6.00pm. 2nd Amendment (Councillors W Robertson and M Frampton) Variation of Condition 7 of Street Trader Licence ST493, be refused. In accordance with Standing Order 21.6, a roll call vote was taken. 4 Members voted for the 2nd Amendment as follows: Councillors B Brawn, M Frampton, K Harvey and W Robertson. 6 Members voted for the 1st Amendment as follows: Bailie R Brock, Councillors K Allan, S Carr, A Chan, I MacPherson and G Stewart. 1 Member abstained as follows: Baillie M Williamson. The 1st Amendment was therefore carried and became the substantive Amendment which was then put against the Motion. 7 Members voted for the Amendment as follows: Bailie R Brock, Councillors K Allan, B Brawn, S Carr, A Chan, M Frampton, and W Robertson. 4 Members voted for the Motion as follows: Bailie M Williamson, Councillors K Harvey, I MacPherson and G Stewart. Resolved: In accordance with the Amendment. 5. GRANT OF A SHORT TERM LET LICENCE – PROVISIONAL LICENCE NO. PK12080P There was submitted a report by the Strategic Lead – Legal and Governance (24/209) along with a letter of objection in relation to 14 Hill View Lodges, Rumbling Bridge, Kinross, KY13 0QT. Mr John Fallon, the applicant attended the meeting, addressed the Committee and answered Members’ questions. Mr Walker, objector to the application, was not present at the meeting. Page 6 of 48
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Resolved: The application of a Short Term Let Licence – Provisional Licence PK12080P, be granted for a period of three years. IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEMS IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973. P1. GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD721 – 1 YEAR There was submitted a report by the Strategic Lead – Legal and Governance (24/210) together with a letter of representation dated 4 June 2024 from Police Scotland regarding Grant of a Taxi/Private Hire Car Driver Licence. The applicant attended via telephone. The representative of Police Scotland addressed the Committee and answered Members’ questions. The applicant also addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Resolved: Taxi/Private Hire Car Driver Licence TD721, be refused on the grounds that the applicant is not a fit and proper person to be the holder of a Taxi/Private Hire Car Driver Licence. Page 7 of 48
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 05 August 2024 REPORT BY HEAD OF LEGAL AND GOVERNANCE SERVICES TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT Mr Graeme Cameron Fitzpatrick & Mrs Nicola Louise Fu PREMISES (if applicable) Ard Taigh, Fearnan, Aberfeldy, PH15 2PF THE APPLICATION Mr Fitzpatrick & Mrs Fu, are Joint Applicants, have applied for a three-year short-term let licence as an existing host (operating prior to 1 October 2022). The Application has been validated by Licensing Officers and was sent out for consultation. Police Scotland, Scottish Fire and Rescue Services, and PKC Planning Department have stated they have no objections to this application. The short-term let property is a detached house. The Application is for that of a ‘Secondary Letting’ short-term let licence. The property has five bedrooms, the Applicant has applied for a maximum capacity of ten guests. Three letters of objection have been received with regards to this Application (see attached letters of objection). RELEVANT LICENSING POLICIES The Council’s Short Term Let Policy was approved by the Licensing Committee on 22 September 2022. The Council’s Short-Term Lets Policy focuses on ensuring that an efficient, effective and proportionate licensing scheme is in place, which is customised to the needs and circumstances of the Council’s local area and supports applicants who wish to obtain a short-term let licence. The aims of the licensing scheme are: • to ensure all short-term lets are safe; • to facilitate licensing authorities in knowing and understanding what is happening in their area; and • to assist with handling complaints and address issues faced by neighbours effectively. In assessing an application for a short-term lets licence, the Council will consider: • the suitability of the person applying and that of the other people named on the application form (whether they are “fit and proper”); • compliance/ability to comply with mandatory conditions (applicable to all short-term lets across Scotland) (copy attached); • compliance/ability to comply with any additional conditions that the Council might attach to the licence (either specific to 4 Page 9 of 48
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the accommodation, or specific to short-term lets in Perth and Kinross); and • the suitability of the premises in the context of Perth and Kinross Council’s policies. The Council may vary the terms of a licence on any grounds they think fit and can do this at any time. This can be done following an application made to the Council by the licence holder on their own initiative. This could include adding further conditions to the licence. The Council will consult with the statutory consultees and any other parties it considers appropriate. Conditions attached to a Short-term Let Licence Mandatory Conditions Any Licence will be subject to Conditions. Under the 2022 Order, there are certain conditions which the Council must attach to a short-term let licence, irrespective of the type of short-term let granted, whether it is Secondary Letting, Home Letting, Home Sharing or Home Letting and Home Sharing. These are known as “mandatory conditions” and are detailed at Annex A. Please note that the Council has no power to amend these mandatory conditions. All applicants should ensure, prior to applying for a short-term let licence of any type that they are able to comply with the mandatory conditions attached to a licence. Applicants should also note that in term of listing their premises as a licensed short-term let, as required under mandatory condition 14, the listing must include the licence number provided by the Council and the valid energy performance certificate rating) if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008. LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for refusal of a short-term let licence. Any decision to refuse a short- term let licence must be relevant to one or more the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982:- A licensing authority must grant the application unless one of the grounds of refusal exists. If, in the opinion of the Committee, a ground of refusal exists then the application must be refused. The grounds of refusal are:- (a) the applicant or, where the applicant is not a natural person, any director of it or partner in it or any other person responsible for its management, is either – (i) for the time being disqualified under section 7(6) of this Act, or Page 10 of 48
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(ii) not a fit and proper person to be the holder of the licence; (b) the activity to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant or renewal of such a licence if he made the application him/herself; (c) where the licence applied for relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to – (i) the location, character or condition of the premises; (ii) the nature and extent of the proposed activity; (iii) the kind of persons likely to be in the premises; (iv) the possibility of undue public nuisance; or (v) public order or public safety; or (ca) the applicant would not be able to secure compliance with: (i) the mandatory licence conditions, and (ii) the standard conditions and any further conditions to which the licence is to be subject; (cb) the application does not contain the consent of the owners of the premises; or ( (d) there is other good reason for refusing the application; and otherwise shall grant the application. In deciding whether or not to grant or renew a Licence, the Council will consider each Application on its own merits and will take into account the following: • any Objections or Representations • this Licensing Policy Statement • any other relevant considerations OPTIONS The Committee need to consider whether the objections received relate to the activity of a short term let licence. The options open to the Committee are therefore to: • grant the application; • grant the application for a shorter period of time; • grant the application with additional conditions; or • refuse the application if one of the grounds for refusal exist. PROCEDURE • Identify parties • Consider any preliminary issues Page 11 of 48
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Annex A – Mandatory Conditions Mandatory conditions will be applied to all types of short-term let licences (as specified in schedule 3 of the Order) and Temporary Exemptions. The following are mandatory conditions and will apply to all licences issued:- Agents 1. Only those named as a holder of the licence can carry out the day to day management of the short- term let of the premises. Type of licence 2. The holder of the licence may only offer the type of short-term let for which the licence has been granted. Fire safety 3. The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of - (a) fire or suspected fire, and (b) the presence of carbon monoxide in a concentration that is hazardous to health. 4. The holder of the licence must keep records showing that all upholstered furnishings and mattresses within the parts of the premises which are for guest use, or to which the guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988(1). • Members of the public speak to their representation(s)/objection(s) • Committee asks any questions to the objectors • Applicant makes submission • Committee asks any questions of the applicant • Objector/s sum up • Applicant sum up • Committee makes decision Page 12 of 48
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Gas safety 5. Where the premises has a gas supply - (a) the holder of the licence must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises, (b) if, after an annual inspection, any appliance does not meet the required safety standard, the holder of the licence must not allow a short-term let of the premises until the works necessary to bring the appliance to the required safety standard have been carried out. Electrical safety 6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must - (a) ensure that any electrical fittings and items are in - (i) a reasonable state of repair, and (ii) proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, (c) ensure that, following an electrical safety inspection, the competent person produces an Electrical Installation Condition Report on any fixed installations, (d) arrange for a competent person to— (i) produce a Portable Appliance Testing Report on moveable appliances to which a guest has access, and (ii) date label and sign all moveable appliances which have been inspected. 7. In determining who is competent, the holder of the licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006. Page 13 of 48
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Water safety: private water supplies 8. Where the premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Water safety: legionella 9. The holder of the licence must assess the risk from exposure to legionella within the premises, whether or not the premises are served by a private water supply. Safety & repair standards 10. — (1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use. (2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard. Maximum Occupancy 11. The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. Information to be displayed 12. The holder of the licence must make the following information available within the premises in a place where it is accessible to all guests - (a) a certified copy of the licence and the licence conditions, (b) fire, gas and electrical safety information, (c) details of how to summon the assistance of emergency services, (d) a copy of the gas safety report, (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report. Planning Permission 13. Where the premises is in a short-term let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the holder of the licence must, where the use of the premises for a short-term let requires planning permission under the 1997 Act, ensure that either— (a) an application has been made for planning permission under the 1997 Act and has not yet been determined, or Page 14 of 48
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(b) planning permission under the 1997 Act is in force. Listings 14. - (1) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises includes - (a) the licence number, and (b) a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008(5). (2) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises is consistent with the terms of the short-term let licence. Insurance 15. The holder of the licence must ensure that there is in place for the premises - (a) valid buildings insurance for the duration of the licence, and (b) valid public liability insurance for the duration of each short-term let agreement. Payment of fees 16. The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. False or misleading information 17. The holder of the licence must not provide any false or misleading information to the licensing authority. Interpretation 18. In this schedule - “Electrical Installation Condition Report” means a report containing the following information – (a) the date on which the inspection was carried out, (b) the address of the premises inspected, (c) the name, address and relevant qualifications of the person who carried out the inspection, (d) a description, and the location, of each installation, fixture, fitting and appliance inspected, Page 15 of 48
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(e) any defect identified, (f) any action taken to remedy a defect, “Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008), “gas safety report” means a report containing the following information - (a) the date on which the appliance or flue was checked, (b) the address of the premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of - (i) the effectiveness of any flue, (ii) the supply of combustion air, (iii) subject to head (iv), its operating pressure or heat input or, where necessary, (iv) if it is not reasonably practicable to examine its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998(7), “holder of the licence” means any person to whom a short-term let licence has been granted or jointly granted, “home letting” means a short-term let consisting of the entering into of an agreement for the use, while the host is absent, of accommodation which is, or is part of, the host’s only or principal home, Page 16 of 48
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“home sharing” means a short-term let consisting of the entering into of an agreement for the use, while the host is present, of accommodation which is, or is part of, the host’s only or principal home, “premises” means the accommodation which is the subject of an application for a short-term licence or the subject of a short-term licence, “repairing standard” means the steps which the holder of the licence is required to take to comply with the obligations placed on the holder by Chapter 4 of Part 1 of the Housing (Scotland) Act 2006(8), “secondary letting” means a short-term let consisting of the entering into of an agreement for the use of accommodation which is not, or is not part of, the licence holder’s only or principal home, “short-term let” has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, “short-term let licence” means a licence for a short-term let, and “type of short-term let” means one of the following purposes - (a) secondary letting, (b) home letting, (c) home sharing, or (d) home letting and home sharing. Page 17 of 48
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1 CDS STL From: Sandraseath Sent: 17 May 2024 15:53 To: CDS STL Subject: objections to a short-term let licence application. Categories: OBJECTIONS/COMPLAINTS CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Sandra Seath, Linden lea, Fearnan, Aberfeldy. PH15 2PF. OBJECTION to SHORT TERM LET application for Ard Taigh , Fearnan, Aberfeldy. PH152PF. 1) Location of the property. The location of the property is not suitable for the conduct of the activity for which the application has been sought, in my view. The residential village of Fearnan nestles on the lochside, some 3miles from Kenmore, and rises steeply with high quality residential properties built on the hillside elevations. Ard Taigh has the highest spot on the hill at the end of a cul-de-sac with higher hills surrounding it. The property was built as a family home and, to my knowledge, planning permission re change of use has not been granted. The new owners purchased the property in 2017. MY OBJECTIONS: UNDUE PUBLIC NUISANCE 1)Over the past few years the house has undergone refurbishment and upgrading.The size of the property, 5 bedrooms, lends itself to appeal to more than one family group looking for a holiday 4 Page 19 of 48
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2 venue.This turns the property into more of a party house than a family house which in turn increases the noise levels of friends interacting with each other. Loud laughing and shrieking frequently pierces the night air..... because of the position of the house being surrounded by hills noise carries loud and clear over quite a distance. Unfortunately this noise often extends into the early hours when elderly neighbours are trying to sleep. 2)Because our village does not have street names holiday guests often get lost. Living on my own it is very frightening to have the doorbell ring at dead of night by guests looking for directions to the letting property behind me. There are other "holiday lets" in our village close by which cause no concern for the villagers whatsoever. They are one family sized properties. The problem with Ard Taigh is its high position in the village where any sound is hugely emphasised and because of its size it attracts more than one family grouping which inevitably changes the dynamics. ........ a family house becomes a Party house which destroys the quiet tranquil residential area which is home to some very elderly residents. Sandra Seath. Page 20 of 48
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1 CDS STL From: John Eve Sent: 22 May 2024 15:20 To: CDS STL Subject: ID 552 PK12361P Ard Taigh, Fearnan, Aberfeldy, PH152PF Attachments: letter regarding Ard Taigh.pdf Categories: OBJECTIONS/COMPLAINTS CAUTION: This email originated from an external organisaƟon. Do not follow guidance, click links, or open aƩachments unless you have verified the sender and know the content is safe. Dear PKC, Please find aƩached leƩer regarding Public NoƟce of ApplicaƟon for Short-Term Let ID 552 PK12361P Ard Taigh, Fearnan, Aberfeldy, PH152PF Thank you Mr John Eve And Dr Judith Hughes 4 Page 21 of 48
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1 CDS STL From: Fran Donovan Sent: 24 May 2024 11:12 To: CDS STL Cc: Elaine Melrose; Fran Donovan Subject: Objection to a short term let licence application Attachments: Ard Taigh Objection Letter.pdf Categories: OBJECTIONS/COMPLAINTS CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Dear Madam, We the undersigned object to the application for a short term let for the property Ard Taigh, Fearnan, Aberfeldy, PH15 2PF - Licence number PK12361P. This objection is raised in response to a public notice of information posted on 28th April 2024. This is the second notice which has been posted as the initial notice was sited in an area inaccessible to the public. We have outlined our objections in the attached document. Yours faithfully, Dr Elaine B Melrose Ms Frances Donovan Schiehallion Fearnan Aberfeldy PH15 2PF CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. 4 Page 25 of 48
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1 Short term let licence applica0on for Ard Taigh, Fearnan, Aberfeldy, PH15 2PF, licence number PK12361P. Objec0ons to this applica0on on the following grounds: 1) The loca+on of the property The property is situated within a residen0al area of the village at the end of a cul de sac. It is accessed by a single track, unadopted and unlit road which is shared by 3 other residen0al proper0es. The road is winding and has several blind bends. 2) Safety and security of elderly residents a) This extensive property (5 bedrooms) can accommodate a large number of guests with up to 6 vehicles in any leNng period. This number of vehicles is considerably more than would be expected for a family home. These vehicles are frequently driven at speed with the poten0al for collision posing an increased risk to the safety of both pedestrians and other vehicles. There is addi0onal traffic from minibuses, supermarket deliveries and extra upliQs of commercial waste and glass by large council refuse collec0on vehicles. b) The majority of village residents are elderly. Guests who are lost have been found prowling round our home looking for the key box for the property. This situa0on is extremely alarming and has caused considerable anxiety to us and other residents of the village who have experienced similar problems. 3) Undue public nuisance and loss of amenity During periods of good weather there is considerable noise from the property whether the guests are all adult groups or families with children. This excessive noise occurs regularly when there are consecu0ve days of good weather which provokes a party atmosphere. The geography of the area, completely surrounded by hills and the presence of Loch Tay, together with the high eleva0on of the property, causes sound to travel a considerable distance. The level of noise and disrup0on, oQen caused by several families with children, is such that during periods of good weather it causes us to retreat indoors depriving us of the benefits of outdoor living. OQen the noise can s0ll be heard from inside our house with all the windows closed and the television switched on. We have also experienced late night par0es and on several occasions had groups whose foul language can be clearly heard at a distance. Page 26 of 48
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2 The use of the property in this manner detracts from the character and amenity of this rural village in which we chose to reside because of its peace and tranquility. We are being deprived of the enjoyment not only of our garden but also peace and quiet within our home. 4) Material Change of Use This property was built as a family home and was used as such un0l the current owners purchased the property in 2017. The Title Deeds s0pulate that it should be used as a residen0al dwelling house and should not be used in connec0on with any trade, business or profession. It would be reasonable to assume that the reason for this clause is to avoid the issues described. Planning permission has not been granted for this change of use. We appreciate the fact that the owners have aYempted to gain co-opera0on from their clients regarding the level of disrup0on. However from our experience, holiday makers rarely show any considera0on for the local community. We have on numerous occasions asked groups for their co-opera0on regarding noise and the use of foul language but it rarely lasts for more than a few minutes. Much focus has been placed on the importance of tourism on the economy, but this should not be at the expense of the residents of Perth and Kinross who contribute greatly to the economy on a daily basis. Such disrup0ons to the lives of residents can have a profound impact on their health and wellbeing because of the anxiety engendered. We hope you will consider these factors during the decision making process. Frances Donovan Elaine B Melrose Page 27 of 48
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 05 August 2024 REPORT BY HEAD OF LEGAL AND GOVERNANCE SERVICES TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT Iain Monteith Alexander, Keith Ronald Alexander and Scott Fergus Alexander PREMISES (if applicable) 3 Mount Tabor Avenue, Perth, Perth and Kinross, PH2 7BT THE APPLICATION Mr Iain Alexander, Mr Keith Alexander and Mr Scott Alexander the joint Applicants, have applied for a three-year short-term let licence as new hosts. The Application has been validated by Licensing Officers and was sent out for consultation. Police Scotland, Scottish Fire and Rescue Services, and PKC Planning Department have stated they have no objections to this application. The short-term let property is a detached house. The Application is for that of a ‘Secondary Letting’ short-term let licence. The property has four bedrooms, the Applicant has applied for a maximum capacity of nine guests. Five letters of objection have been received with regards to this Application (see attached letters of objection). RELEVANT LICENSING POLICIES The Council’s Short Term Let Policy was approved by the Licensing Committee on 22 September 2022. The Council’s Short-Term Lets Policy focuses on ensuring that an efficient, effective and proportionate licensing scheme is in place, which is customised to the needs and circumstances of the Council’s local area and supports applicants who wish to obtain a short-term let licence. The aims of the licensing scheme are: • to ensure all short-term lets are safe; • to facilitate licensing authorities in knowing and understanding what is happening in their area; and • to assist with handling complaints and address issues faced by neighbours effectively. In assessing an application for a short-term lets licence, the Council will consider: • the suitability of the person applying and that of the other people named on the application form (whether they are “fit and proper”); • compliance/ability to comply with mandatory conditions (applicable to all short-term lets across Scotland) (copy attached); • compliance/ability to comply with any additional conditions 5 Page 29 of 48
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that the Council might attach to the licence (either specific to the accommodation, or specific to short-term lets in Perth and Kinross); and • the suitability of the premises in the context of Perth and Kinross Council’s policies. The Council may vary the terms of a licence on any grounds they think fit and can do this at any time. This can be done following an application made to the Council by the licence holder on their own initiative. This could include adding further conditions to the licence. The Council will consult with the statutory consultees and any other parties it considers appropriate. Conditions attached to a Short-term Let Licence Mandatory Conditions Any Licence will be subject to Conditions. Under the 2022 Order, there are certain conditions which the Council must attach to a short-term let licence, irrespective of the type of short-term let granted, whether it is Secondary Letting, Home Letting, Home Sharing or Home Letting and Home Sharing. These are known as “mandatory conditions” and are detailed at Annex A. Please note that the Council has no power to amend these mandatory conditions. All applicants should ensure, prior to applying for a short-term let licence of any type that they are able to comply with the mandatory conditions attached to a licence. Applicants should also note that in term of listing their premises as a licensed short-term let, as required under mandatory condition 14, the listing must include the licence number provided by the Council and the valid energy performance certificate rating) if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008. LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for refusal of a short-term let licence. Any decision to refuse a short- term let licence must be relevant to one or more the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982:- A licensing authority must grant the application unless one of the grounds of refusal exists. If, in the opinion of the Committee, a ground of refusal exists then the application must be refused. The grounds of refusal are:- (a) the applicant or, where the applicant is not a natural person, any director of it or partner in it or any other person responsible for its management, is either – Page 30 of 48
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(i) for the time being disqualified under section 7(6) of this Act, or (ii) not a fit and proper person to be the holder of the licence; (b) the activity to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant or renewal of such a licence if he made the application him/herself; (c) where the licence applied for relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to – (i) the location, character or condition of the premises; (ii) the nature and extent of the proposed activity; (iii) the kind of persons likely to be in the premises; (iv) the possibility of undue public nuisance; or (v) public order or public safety; or (ca) the applicant would not be able to secure compliance with: (i) the mandatory licence conditions, and (ii) the standard conditions and any further conditions to which the licence is to be subject; (cb) the application does not contain the consent of the owners of the premises; or ( (d) there is other good reason for refusing the application; and otherwise shall grant the application. In deciding whether or not to grant or renew a Licence, the Council will consider each Application on its own merits and will take into account the following: • any Objections or Representations • this Licensing Policy Statement • any other relevant considerations OPTIONS The Committee need to consider whether the objections received relate to the activity of a short term let licence. The options open to the Committee are therefore to: • grant the application; • grant the application for a shorter period of time; • grant the application with additional conditions; or • refuse the application if one of the grounds for refusal exist. PROCEDURE • Identify parties Page 31 of 48
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Annex A – Mandatory Conditions Mandatory conditions will be applied to all types of short-term let licences (as specified in schedule 3 of the Order) and Temporary Exemptions. The following are mandatory conditions and will apply to all licences issued:- Agents 1. Only those named as a holder of the licence can carry out the day to day management of the short- term let of the premises. Type of licence 2. The holder of the licence may only offer the type of short-term let for which the licence has been granted. Fire safety 3. The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of - (a) fire or suspected fire, and (b) the presence of carbon monoxide in a concentration that is hazardous to health. 4. The holder of the licence must keep records showing that all upholstered furnishings and mattresses within the parts of the premises which are for guest use, or to which the guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988(1). • Consider any preliminary issues • Members of the public speak to their representation(s)/objection(s) • Committee asks any questions to the objectors • Applicant makes submission • Committee asks any questions of the applicant • Objector/s sum up • Applicant sum up • Committee makes decision Page 32 of 48
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Gas safety 5. Where the premises has a gas supply - (a) the holder of the licence must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises, (b) if, after an annual inspection, any appliance does not meet the required safety standard, the holder of the licence must not allow a short-term let of the premises until the works necessary to bring the appliance to the required safety standard have been carried out. Electrical safety 6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must - (a) ensure that any electrical fittings and items are in - (i) a reasonable state of repair, and (ii) proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, (c) ensure that, following an electrical safety inspection, the competent person produces an Electrical Installation Condition Report on any fixed installations, (d) arrange for a competent person to— (i) produce a Portable Appliance Testing Report on moveable appliances to which a guest has access, and (ii) date label and sign all moveable appliances which have been inspected. 7. In determining who is competent, the holder of the licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006. Page 33 of 48
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Water safety: private water supplies 8. Where the premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Water safety: legionella 9. The holder of the licence must assess the risk from exposure to legionella within the premises, whether or not the premises are served by a private water supply. Safety & repair standards 10. — (1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use. (2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard. Maximum Occupancy 11. The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. Information to be displayed 12. The holder of the licence must make the following information available within the premises in a place where it is accessible to all guests - (a) a certified copy of the licence and the licence conditions, (b) fire, gas and electrical safety information, (c) details of how to summon the assistance of emergency services, (d) a copy of the gas safety report, (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report. Planning Permission 13. Where the premises is in a short-term let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the holder of the licence must, where the use of the premises for a short-term let requires planning permission under the 1997 Act, ensure that either— (a) an application has been made for planning permission under the 1997 Act and has not yet been determined, or Page 34 of 48
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(b) planning permission under the 1997 Act is in force. Listings 14. - (1) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises includes - (a) the licence number, and (b) a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008(5). (2) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises is consistent with the terms of the short-term let licence. Insurance 15. The holder of the licence must ensure that there is in place for the premises - (a) valid buildings insurance for the duration of the licence, and (b) valid public liability insurance for the duration of each short-term let agreement. Payment of fees 16. The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. False or misleading information 17. The holder of the licence must not provide any false or misleading information to the licensing authority. Interpretation 18. In this schedule - “Electrical Installation Condition Report” means a report containing the following information – (a) the date on which the inspection was carried out, (b) the address of the premises inspected, (c) the name, address and relevant qualifications of the person who carried out the inspection, (d) a description, and the location, of each installation, fixture, fitting and appliance inspected, Page 35 of 48
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(e) any defect identified, (f) any action taken to remedy a defect, “Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008), “gas safety report” means a report containing the following information - (a) the date on which the appliance or flue was checked, (b) the address of the premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of - (i) the effectiveness of any flue, (ii) the supply of combustion air, (iii) subject to head (iv), its operating pressure or heat input or, where necessary, (iv) if it is not reasonably practicable to examine its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998(7), “holder of the licence” means any person to whom a short-term let licence has been granted or jointly granted, “home letting” means a short-term let consisting of the entering into of an agreement for the use, while the host is absent, of accommodation which is, or is part of, the host’s only or principal home, Page 36 of 48
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“home sharing” means a short-term let consisting of the entering into of an agreement for the use, while the host is present, of accommodation which is, or is part of, the host’s only or principal home, “premises” means the accommodation which is the subject of an application for a short-term licence or the subject of a short-term licence, “repairing standard” means the steps which the holder of the licence is required to take to comply with the obligations placed on the holder by Chapter 4 of Part 1 of the Housing (Scotland) Act 2006(8), “secondary letting” means a short-term let consisting of the entering into of an agreement for the use of accommodation which is not, or is not part of, the licence holder’s only or principal home, “short-term let” has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, “short-term let licence” means a licence for a short-term let, and “type of short-term let” means one of the following purposes - (a) secondary letting, (b) home letting, (c) home sharing, or (d) home letting and home sharing. Page 37 of 48
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1 CDS STL From: Eddie Boyle Sent: 15 May 2024 07:09 To: CDS STL Subject: Re: 3 Mount Tabor Avenue, Perth. PH2 7BY Good morning, My apologies for omiƫng my address which is 4 Mount Tabor Avenue, Perth. PH2 7BT. Thank you E Boyle Sent from my iPhone > On 14 May 2024, at 16:39, CDS STL <STL@pkc.gov.uk> wrote: > > Good AŌernoon > > We write further to your email of 6 May 2024. We apologise for the delay in our response. > > In order for your objecƟon to be taken into consideraƟon fully please provide your full residenƟal postal address as required on the Public NoƟficaƟon of InformaƟon - see extract below: > > RepresentaƟons > RepresentaƟons about the applicaƟon may be made by any member of the public. RepresentaƟons must: > . be in wriƟng > . specify the grounds of the objecƟon and / or the nature of the > representaƟon . set out the name and address of the person making it > . must be signed by the person, or on their behalf; and . be made > within 28 days of public noƟce of the applicaƟon being given > > Copies of any representaƟons will be given to the applicant. If a representaƟon is made to the Licencing Authority aŌer this date but before a final decision is taken on the applicaƟon, then the Licensing Authority may consider the late representaƟon if it is saƟsfied that it was reasonable for the representaƟon to have been made aŌer the deadline. > > Please note: A short-term let that has been operaƟng before 1 October 2022 may conƟnue to operate that short- term let accommodaƟon up unƟl 1 October 2023, while they lodge an applicaƟon for a short-term let licence for that accommodaƟon. ThereaŌer, they may conƟnue to accept bookings and welcome guests to that short-term let accommodaƟon beyond 1 October 2023 for the duraƟon that their licence applicaƟon is being processed. They do not need to have had their licence granted by 1 October 2023 to conƟnue their operaƟon, but they must have applied for a short term let licence before that date. > > I have included a link to our short-term lets website for your convenience. > > Kind Regards > Sheena > > Sheena Wann > Licensing Assistant > Short Term Lets - Corporate and Legal Services Perth & Kinross Council > 2 High Street > Perth PH1 5PH > Telephone: 01738 475195 5 Page 39 of 48
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2 > (9am - 12pm, Monday through Friday except for public holidays) > > Web: Short Term Lets - Perth & Kinross Council (pkc.gov.uk) > > The informaƟon provided may not address your individual requirements, is for informaƟonal purposes only, and does not consƟtute any form of legal advice. It is recommended that you seek your own, independent legal advice. > > > -----Original Message----- > From: Eddie Boyle > Sent: Monday, May 6, 2024 5:35 PM > To: CDS STL <STL@pkc.gov.uk> > Subject: 3 Mount Tabor Avenue, Perth. PH2 7BY > > CAUTION: This email originated from an external organisaƟon. Do not follow guidance, click links, or open aƩachments unless you have verified the sender and know the content is safe. > > > I refer to the above address whose owner has applied for a short term let for the property. I wish to record my objecƟons as follows: > : The property is a four bedroom house situated in a small quiet street of six houses. > :The majority of the residents in the street are elderly and vulnerable and as such could be adversely affected by noise and anƟ social behaviour coming from the property. > : The property does not have suitable parking for the number of vehicles which could be associated with gatherings at the property. > : There is no provision shown as to how the property is to be managed in the event of unruly behaviour emanaƟng from the property. > : Given the size of the property there is every chance that the property could be used for large gatherings eg hen and stag parƟes. > yours sincerely > E Boyle > Sent from my iPhone > > The informaƟon in this email is solely for the intended recipients. > > If you are not an intended recipient, you must not disclose, copy, or distribute its contents or use them in any way: please advise the sender immediately and delete this email. > > Perth & Kinross Council does not warrant that this email or any aƩachments are virus-free and does not accept any liability for any loss or damage resulƟng from any virus infecƟon. Perth & Kinross Council may monitor or examine any emails received by its email system. > > The informaƟon contained in this email may not be the views of Perth & Kinross Council. It is possible for email to be falsified and the sender cannot be held responsible for the integrity of the informaƟon contained in it. > > General enquiries to Perth & Kinross Council should be made to enquiries@pkc.gov.uk or 01738 475000. > Page 40 of 48
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1 CDS STL From: bob nottger Sent: 15 May 2024 16:10 To: CDS STL Subject: STL .Application / 3 Mount Tabor Avenue, Perth .PH27BT CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Dear Sir/ Madam, I object to the above application, the area the which the house is situated a very quiet street, mainly inhabited by older people whose life could be severely affected by disturbance especially at night. The house in question has 4 bedrooms and would unlikely house less than 8 people with probably 4 cars which would be parked on the road outside adding to the chaos. A house of this size lend itself to the party element stag do s and the like. I don't think it's in an area suitable for this application. I live opposite the house in question. Kind regards Robert Nottger 1 Corsie Drive Perth Ph2 7bu 5 Page 41 of 48
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1 CDS STL From: Michelle Barker Sent: 17 May 2024 07:14 To: CDS STL Subject: Short term let at Number 3 Mount Tabor Avenue Perth PH2 7BT CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Dear Short Term Let Team We note that there is an application for a short term let at Number 3 Mount Tabor Avenue Perth PH2 7BT. As near neighbours of this property we have the following concerns with regard to this application. Our address is 2 Corsie Drive Perth PH2 7BU. Our concerns are Noise We understand that this house has four bedrooms and therefore there is a potential for 8 people or more arriving and departing on a regular basis at different times. This will be noisy and will most likely increase the amount of cars parked on the street. As there could be several cars this could affect the junction between Mount Tabor Road and Corsie Drive as the house is directly opposite the junction. Normally when large groups get together in a short term let it is for a celebration get together such as a wedding, birthday or visiting other family and friends in the area. Holidaymakers tend to choose a recognised holiday destination and not a quiet residential area. There will be noise due to arrivals and departures, returning home after an outing or having a celebration in the house or garden. It is known that large properties attract groups of people on a stag or hen do which can be particularly noisy and disruptive. As we are in close proximity to this property with our bedroom on the side facing the property we feel this could be a significant problem for us. Safety and Security The owners will have no knowledge of who is coming to stay other than the name of the person booking the let. As there will potentially be a large number of people passing through the area on a regular basis this poses a risk to residents that is not there at present in relation to personal and home security. This area is a quiet residential area and we feel a short term let is not appropriate and therefore we object to this application. Kind Regards Michelle and Ian Barker 5 Page 43 of 48
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1 CDS STL From: Sent: 18 May 2024 20:01 To: CDS STL Subject: 3 Mount Tabor Avenue Categories: OBJECTIONS/COMPLAINTS CAUTION: This email originated from an external organisafion. Do not follow guidance, click links, or open aftachments unless you have verified the sender and know the content is safe. Dear Sir/Madam I would like to register my objecfion to the applicafion for the short term let of the above property. My concerns are as follows: Noise - it is possible that the property could be used by groups of people as a ‘party house.’ This is a quiet residenfial area with a mostly older populafion. Loud music and large gatherings would not be appreciated by the residents. Parking- given that there is limited off street parking on the property, there is the potenfial for a large number of visitors cars parking on the street. Security - an influx of strangers to the area could increase the opportunity for pefty crime and vandalism. Yours faithfully Mrs Lesley Hayward 6 Mount Tabor Avenue Kinnoull Perth PH2 7BT 5 Page 45 of 48
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E E H U 3 E \ 8 4': l O l l E? Minister l" am Session Clerk 31 Rev GrahamWCrawford ,. Km! _ Douglas M Wiseman '0' The Manse 32 Hamilton Place U" 1 Mount Tabor Avenue, KINNOULL PARISH CHURCH Perth Perth PHZ 7ST PERTH PH1 13D Scomsn CHM" No-Scoo7509 ' Licensing, Legal and Governance, Perth and Kinross Council, Pullar House, 26 May, 2024 35 Kinnoull Street, Perth, PH1 5GD. Dear Sir/Madam, SHORT TERM LETTINQ QF WHOLE HOUSE AT 3 MOUNT TABOR AVE LICENQE NO. PK13QS3P ID NO. 1981 I write on behalf of (A) the General Trustees of the Church of Scotland as heritable proprietors of the property at 1 Mount Tabor Avenue and also (B) the Kirk Session of Kinnoull Parish Church which, (one ) is responsible for the property at 1 Mount Tabor Avenue, ( the Manse of the Church) and (two) also has an interest for the welfare of the occupants there, namely our Minister and his family. We have found out from a note attached to a tree in the grounds at 3 Mount Tabor Ave of an Application for the short term letting of that house which is next to our Manse at 1 Mount Tabor Ave. That note does not disclose the final date for receipt of objections/ representations. . The grounds for objection are:- 1- The letting of the house at 3 Mount Tabor Ave as a short term let changes the character of the house from residential to commercial. 2- The whole area is residential and the introduction of a commercial enterprise on this scale namely a whole House, would adversely affect the residential character of the area. 3- The length of any let is not disclosed. Clearly were there to be a number of short periods of letting of the house, this is materially different from letting the house to say for a minimum of 12 months. 4- It is however understood that some of the managers and members of their families occasionally travel to the house from some distance for very brief stays, so it is unlikely that a long term let of, say, a minimum of 12 months would be acceptable to them. 5 This property is to be let commercially without any manager or owner being present within the house at any time. 5 Page 47 of 48
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§°
('1
8
S 6 The numbers in any short term let could well be significant as the whole
E house contains 4 bedrooms and 5 other rooms making a total of 9 rooms.
g In addition any issues might be exaggerated were single sex groups to
; rent the premises.
8 7 Of the 3 individuals who state they will be the clay to day managers, 2 live
some distance away (believed to be Edinburgh and England) and the 3rd
is in full time occupation (but not in property management) so it is not
clear which of them would have day to day management or be able to
attend at short notice were any issues to arise.
8 It is understood that if persons other than those identified on the notice as
the clay to day managers, were appointed as managers then this would
require a further correct Application, so clarification as to the actual
managers is necessary.
In addition to the foregoing, as a Kirk Session charged with pastoral
responsibility for the congregation, and this includes the occupants of the Manse,
we therefore also object on the grounds of noise and nuisance which could well
affect the Manse family, were the commercial let of the Property at 3 Mount
Tabor Ave. permitted.
Given that at one time, we were informed that the house may be administered
/|et by Airbnb, then the management or letting of the house by Airbnb could
clearly be of serious concern given the reputation and practices of that
Company.
It should be noted that we have tried to ascertain from the Applicants just what
is happening. We were informed that it is the Applicants intention to let the
house thorough Sykes but that is contrary to what we were previously
informed. When pressed as to whether the Applicants WILL let the house
through Sykes or whether that is simply a possibility, we received no
clarification on this.
'
Douglas iseman, '
Session Clerk.
Date: 26 May, 2024.
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