Appendix 4 - Objection M Craig
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.
Page 1
1 Civic Licensing From: Monica Craig Sent: 10 October 2023 01:07 To: CDS STL Subject: FOA Licensing Department: Objection to Short Term Let License application - Tigh Na Beannaich, 5 Gartwhinzean Loan, Powmill, FK147LU (Licence Number PK12308P) Attachments: Objection to short term let application number PK12308P.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. To whom it may be concerned, Please find attached my objection to the application for a short-term letting licence for my neighbouring property at 5 Gartwhinzean Loan, Powmill, FK14 7LU. I understand the council expects concerns from neighbours to be raised with the operators in the first instance, however, as you will see in my letter, there are historic and ongoing concerns raised with the running of this short term let of which the operators are aware, and to which there has been no satisfactory resolution. Unfortunately, our last hope is to raise this objection with the Licensing Department. I hope I have been able to cover the issues in accordance with the guidelines specified on the Perth and Kinross Council website, however, I would be happy to discuss these concerns in greater detail at any time convenience to the license committee. On a final note, I would like to identify that I am not aware of a final date for objections in relation to this application as no public notice has been displayed (contrary to the requirements of application process). I am therefore submitting the objection within 21 days of the application date specified on the Short term lets licensing public register on PKC website (28th September 2023). Kindest regards, Monica Craig Tel: Address: 7 Gartwhinzean Loan, Powmill, FK14 7LU Email:
Page 2
Monica Craig 7 Gartwhinzean Loan Powmill Perth and Kinross FK147LU Monday 9th October 2023 To whom it may concern, I am wriƟng to object to the applicaƟon for a short-term leƫng license for the address ‘Tigh Na Beannaich’ at 5 Gartwhinzean Loan, Powmill, FK14 7LU (Licence Number PK12308P; ID – 478). This objecƟon is made on the grounds of: 1. The locaƟon, character, or condiƟon of the premises; 2. The nature and extent of the proposed acƟvity; 3. The kind of persons likely to be in the premises; 4. The possibility of undue public nuisance; and 5. Public order/ safety I will endeavour to address these points below. 1. The locaƟon character, or condiƟon of the premises; and 2. The nature and extent of the proposed acƟvity Gartwhinzean Loan is a quiet country-side seƩlement consisƟng of 16 houses. The residents are in the majority composed of reƟrees and young families. Most of the neighbours get on very well and there is a strong sense of community between the long-term residents of this street. This is interrupted only by the presence of this short term let which regularly sees large groups of people with no interest or investment in community, stay for an average of 3-4 days and move on again. The turnover can be highly frequent, and it is not uncommon for one set of guests to depart in the morning with another set arriving in the aŌernoon. With capacity set at 13 people, this means that is it not unusual for there to be 26 strangers come and go in our street each week. For a street that has a long-term populaƟon of closer to 35 this is highly unseƩling. The average number of people per household on Gartwhinzean Loan is three, a requested capacity of 13 is clearly puts the group sizes out of character with the residenƟal nature of the immediate area. In the immediate houses surrounding this property there is an elderly couple (one of whom is in their 80s and the other in their 90s), two older reƟred couples, and one young family with a small child aged 7. The representaƟon of more vulnerable groups in the long-term residents who are reliant on neighbourly support and their local community for safety suggests that a property for large, transient groups is not suitable for, or in keeping with, the character of the locaƟon. The conƟnued operaƟon of a short-term leƫng facility within the neighbourhood would conƟnue to impact adversely on the character and amenity of the local area, parƟcularly the residenƟal amenity of those living permanently in the residenƟal street. 3. The kind of persons likely to be in the premises; and 4. The possibility of undue public nuisance Given the size of the property, it’s stated preferred capacity, the cost associated with its use and the feature of the in-door swimming pool - the house is designed to appeal to large groups and regularly
Page 3
gets described as a ‘party house’. On at least two of the lisƟngs the property is listed as a ‘CelebraƟon House’ - see screenshots below taken on 5th October 2023: Historically the property has aƩracted large groups for parƟes; including hen and stag parƟes. AŌer complaints made to the Perth and Kinross planning enforcement department, a closing report directed that the property is to be “occupied as a whole to one family or extended families, and this is not let to stag and hen parƟes” (report available for case reference number 22/00011/STL). As recently as 19th May 2023 the property hosted a hen party (for which I have photographic evidence of a group of females, gathered and drinking alcohol in the back garden while sporƟng sashes that say ‘hen party’). The owner seemed unaware that the guests were hosƟng a hen party and further was unaware that this was expressly not permiƩed in line with a closing report from the Perth and Kinross Planning Enforcement Agency (case reference number 22/00011/STL).
Page 4
Furthermore, despite the aforemenƟoned closing report clearly staƟng that the house is to be “occupied, as a whole to one family or extended families”, there is clear evidence that this this is not how it conƟnues to be used. As recently as July 2023, there is evidence of the property being let to groups of friends (see screenshot of review from John, below, taken on 5th October 2023). The property is designed to be let to large groups (up to 13 adults) which requires areas for gathering – this naturally results in groups oŌen gathering at night to smoke, drink, and converse in outdoor areas (given that smoking is not permiƩed indoors). Unfortunately, this area is only 16.15 meters from my bedroom window and 18.4m from the bedroom window of my son (see screen shots below from google earth with distances).
Page 5
As the rest of the street is so quiet, the noise carries, and it has kept me, and my family awake many nights over the years we have lived here. When guests regularly enter and leave the house, the outside light comes on and noise from inside the house (music and loud conversaƟon – oŌen with loud, coarse language – again for which I have video evidence) is carried outside. Previously the pool has been fully equipped with a disco ball, mulƟcoloured lights, and a sound system wired throughout the house (again for which I have video evidence). The fact that the pool is surrounded by a single- glazed structure further amplifies the sound and light polluƟon out into the neighbourhood. When guests arrive, there are oŌen disturbances from late-night grocery deliveries. We have been woken by the sounds of glass, cans and general rubbish being disposed of late at night and early in the morning as unfortunately the bin storage is located next to our bedrooms. This has occurred as recently as Sunday 8th October 2023 where guests were loudly disposing of garbage at 10pm. Furthermore, we have regularly been disrupted by the arrival of buses late at night delivering large, loud seemingly intoxicated, groups back to the property. The disrupƟon, stress, insecurity, and anxiety this causes to myself, my family and other neighbours negaƟvely impacts our quality of life and my experience of living in this neighbourhood. 5. Public health and safety On occasions where the owners have been contacted regarding issues, there have regularly been several days delay to respond or responses indicaƟng that the owners are unable to aƩend/ contact the guests. In these scenarios we have been leŌ to put up with the disturbances ourselves which is very anxiety inducing. It is inƟmidaƟng to approach a large group of intoxicated strangers and ask them to please keep the noise down or to move inside. I have on occasion felt unsafe in doing so. I have also sought advice from CiƟzens Advice, as well as Perth and Kinross safer communiƟes’ team, and Perth and Kinross planning council. None of which resulted in the owners taking sufficient acƟons to saƟsfactorily minimise the disrupƟon to the neighbouring properƟes. We have been required to call the police on several occasions to help deal with anƟ-social behaviour. The behaviour has included, but is not limited to, noise nuisance and drunken behaviour such as screaming/ shouƟng, loud music, and loud swearing (which is parƟcularly concerning as I have a young child who
Page 6
can hear these discussions). I understand that I am not the only resident who has felt no opƟon but to complain to police. I am aware of at four occasions of the police aƩending within the last two years to deal with anƟ-social complaints/ behaviour. There seems to be a lack of awareness/ willingness to comply with the minimal guidelines that have been enforced to date. For example, when a concern was raised regarding the hen party which took place in May, the owners informed me that they believed that it was their decision whether they accepted stag parƟes and that it was not a decision which had been imposed by PKC (I can provide copies of the text exchange to corroborate this if required). This was obviously incorrect, and I had to direct them to the aforemenƟoned closing report which they had been provided, and which expressly does not permit use for these purposes. This non-compliance alludes to an ongoing sense of dismissiveness from the applicants regarding of the negaƟve impacts that the use of the house for large groups has on the neighbouring properƟes. Non-compliance with applicaƟon process for short-term license Finally, regarding the process of applying for a license for short-term leƫng, despite publicly available and clear guidance detailing applicants responsibility (i.e. “you must noƟfy neighbours of intent to apply” - hƩps://www.pkc.gov.uk/media/50146/Short-term-Lets-InformaƟon-and- Guidance/pdf/Short-term_Lets_-_InformaƟon_and_Guidance.pdf?m=637998779188800000). As at Ɵme of wriƟng, I nor as I understand, any of my neighbours have been engaged with. I believe this is because the applicants are fully aware of the difficulƟes their property has caused the neighbourhood and are not willing to take concerns into account. Furthermore, the guidance indicates that the applicants must clearly “display a site noƟce at or near the premises so it can be conveniently read by the public.” Despite the applicaƟon being made on 28th September 2023 (according to the Perth and Kinross register), at the Ɵme of wriƟng (eleven days later on 9th October 2023) there is sƟll no visible noƟce. The applicants have not aƩempted to engage or provide reassurance despite being aware of the negaƟve impact of the short term let on the community, and despite having been on the premises recently, having our phone numbers, and email address. This could and should be a lovely family home in a nice community. Thank you for providing the opportunity to raise our concerns. I hope that these are taken into consideraƟon as we would dearly love to be able to live in peace and security in our own home. Kindest regards, Monica Craig