Appendix 1 - Objection A and C Smith
Perth and Kinross Council · 27 March 2024
Back to Licensing Committee — 27 March 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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1 Civic Licensing From: ANDREW SMITH Sent: 06 October 2023 15:56 To: CDS STL Cc: Subject: objection to STL ID 478 Attachments: Objection to 5GW v0.4.docx Follow Up Flag: Follow up Flag Status: Flagged 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. Written objection to STL application ID 478 for "Tigh Na Beannich" 5 Gartwhinzean Loan, FK14 7LU Please acknowledge receipt
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9 Gartwhinzean Loan Powmill Dollar FK14 7LU 6th October 2023 Dear Perth and Kinross Council : Short Term Let ID 478 We are wriƟng to place on record with Perth and Kinross Council (PKC) our strong objecƟons to the short term let licence applicaƟon “478” by a neighbouring house which shares a 20m garden border with us. “Tigh Na Beannaich” 5, Gartwhinzean Loan applied on 28th September 2023 to change their designated status from a residenƟal property in a quiet residenƟal area of about 20 homes. They apparently lived there for two decades aŌer building completed 30 years ago and raised their children there, then moved away. We have lived here almost 3 years and have been blighted by this “Party House” on Gartwhinzean Loan and shall substanƟate all five permiƩed grounds of objecƟon as those premises are not suitable or convenient for the conduct of short term let acƟvity having regard to the following : (i) the locaƟon, character or condiƟon of the premises; (ii) the nature and extent of the proposed acƟvity; (iii) the kind of persons likely to be in the premises; (iv) the possibility of undue public nuisance; (v) public order or public safety; We request that short term let acƟvity is prohibited with immediate effect in the light of mulƟple breaches of PKC rules at 5, Gartwhinzean Loan unƟl the due process of PKC has concluded. The owners of the property conƟnue to show a blatant disregard for the due process of PKC. They waited unƟl the last day possible to submit their applicaƟon and failed to inform neighbours or display any noƟce which they are required to do. PKC has already ruled against “Stag ParƟes” or “Hen ParƟes” in a wriƩen report (ref 22/00011/STL) for that property in late 2022 and yet one such Hen Party took place on 19th May 2023, photographic evidence retained by my neighbour. Here are details and examples under the respecƟve categories of why 5, Gartwhinzean Loan premises are not suitable or convenient for the conduct of short term let acƟvity having regard to : i) locaƟon and condiƟon : LocaƟon is in the middle of a quiet residenƟal area of about 20 homes all of which are owner occupied full Ɵme. There have been numerous occasions of excessive noise, screaming and shouƟng, and anƟsocial behaviour. The owners of number 5 benefiƩed from this quiet residenƟal locaƟon when their children were growing up, but now fail to respect this locaƟon as unsuitable for a short term let property. ii) nature and extent of acƟvity : There is a swimming pool in the centre of the house which extends out into a conservatory which opens towards two neighbouring properƟes. This pool is the source of excessive and disturbing noise levels measured between 60 and 80 decibels from the garden doors of the next door property. There is oŌen loud screaming and shouƟng on the Monday and Friday evenings of holiday rentals with noise levels similar to a public swimming pool due to the excitement of hirers seeking to maximise their short stay. The noise levels rise further when the doors next to the pool are opened, usually by people wishing to smoke and to escape the din inside. The screaming is oŌen alarming as though
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someone is in difficulty in the pool. There is neither risk assessment nor effecƟve safe operaƟng procedures for the swimming pool. The pool area cannot be isolated from all the bedrooms overnight and it can only be a maƩer of Ɵme before there is a serious accident and perhaps a fatality as there is a major risk of drowning. There is also an uncertain risk of chemical poisoning of the household if proper operaƟng procedures are not followed by each and every visitor. iii) kind of persons using the property : The house is usually occupied by mulƟple households and oŌen for a party or other celebraƟon or event. There have been stag parƟes and hen parƟes, most recently on May 19th 2023, as well as teenagers aƩending parƟes, such as on 21st November 2021 – see also v) Public Order and Public Safety below. The house oŌen has many cars on the driveways and the pavement outside, such as 8 vehicles photographed on 28th January 2023, the last one blocking the pavement. None of the residents of Gartwhinzean Loan park their vehicles on the street. iv) the possibility of undue public nuisance: There have been regular instances of public nuisance, usually excessive noise evenings and late at night. This extends to loud and abusive language, singing shouƟng and screaming, and abusive verbal responses to any appeals for quiet. The noises from the pool at number 5 are similar to a public swimming pool especially on the first night of any rental. The type of noise from a public swimming pool would not be tolerated by a planning applicaƟon in a quiet residenƟal area. There have been many other examples public nuisance, including unseasonal fireworks let off, such as November 25th 2021 at midnight, several very loud rockets were launched and one landed on the roof of a neighbouring house before exploding. The refuse collecƟon is another regular cause of public nuisance in this clean and Ɵdy residenƟal area, with their wheelie bins are oŌen leŌ blocking the pavement for days. As recently as the week when the owner made their applicaƟon, on 23rd September 2023 the wrong bin was on the pavement. 2 days later black plasƟc sacks of rubbish were leŌ on the driveway aƩracƟng rodents. The next day PKC made a special collecƟon of rubbish, presumably at the request of the owner who probably claimed the collecƟon service had ignored their bins, when in fact they were not out for collecƟon. v) public order or public safety : Public order has been breached by numerous instances of abusive language and threatening behaviour from residents when asked to be quiet. The police had to be called on several occasions in 2022 and on at least one of these occasions the Police were subject to abusive language and threatening behaviour likely to cause a breach of the peace. Police have had to warn neighbours not to approach the occupants or the property in case of disturbances, but to ring the police, which has oŌen become necessary. For example 15th November 2021 10pm there was excessive noise waking my neighbours and too loud for us to go to sleep. I went to the door of number 5 and demanded they respect their neighbours and be quiet. Police subsequently visited me next day and insisted we should not go to number 5 in future, but to call them instead. Next Ɵme, in the early hours of the morning, police were called and police were threatened and verbally abused on the doorstep of number 5. This has happened more than 20 Ɵmes in the 33 months we have lived next door. Any applicaƟon for a premises to be used in such a way as to threaten public order and public safety should be rejected, especially in any quiet residenƟal area. In summary, 5, Gartwhinzean Loan premises are not suitable or convenient for the conduct of short term let acƟvity. Such acƟvity should be ceased immediately pending permanent prohibiƟon when this applicaƟon is rightly declined, and any subsequent appeal processes are exhausted. There is sƟll no noƟce published at 5 Gartwhinzean Loan, and I request PKC aƩend and prohibit further acƟvity if no such noƟce is found to be on display. Our thanks in anƟcipaƟon, Andrew Smith & Catherine Smith 9 Gartwhinzean Loan, Powmill, DOLLAR. FK14 7LU