Appendix 1 - Objection - Mr Pirnie
Perth and Kinross Council · 16 April 2024
Back to Licensing Committee — 16 April 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
1 CDS STL From: stewart pirnie < > Sent: 28 November 2023 13:26 To: CDS STL Subject: Re: Objection to short-term let licence application for premises located at Cottown House, PH2 7NL (please read before 5th December) Attachments: stl 1.pdf Dear Karen, Objection to application for a short-term let licence for Cottown House, Glencarse, Perth PH2 7NL Thank you very much for your email of Monday 27th and for your guidance. Your email states that the applicant has provided a signed declaration that the Public Notice was posted in a location that was accessible to passersby, specifically, on the main gate that leads to the property where all three short-term let premises are located. In principle this declaration may appear to fulfil the applicant’s requirements to inform neighbours of the intention to apply for a short-term let licence but in actuality I do not believe that it does. If you look at the images I have taken from Google Earth (please see attached pdf document) you will be able to visualise the location of the applicant’s premises. There are in fact no passersby as the entrance (main) gate is at the end of two private roads, the second of which is owned jointly by the applicant and myself (and my wife, Helen). I therefore know the location of the main gate very well and my wife and I look at it every time we leave the grounds of Oakdene, our home, either on foot or by car. We always look right, towards the main gate, to check for traffic leaving Cottown House. This is important to do as the volumes of vehicles entering and leaving the grounds of Cottown House are much higher than should normally be expected of a house inhabited by two people who share one car. My wife and I can therefore categorically and safely state that if there was a notice placed in a visible location on this gate for a period exceeding the required 21-day period (specifically, 29 September 2023 through 21 October 2023) then we would both have noticed it and of course read it. The applicant may therefore be satisfied that it was posted in a location that was accessible to passersby but I am not. I cannot provide evidence of my statement and cannot think of a way that I can provide tangible evidence but as I am now objecting to the application, after the 28- day period has expired, with the understanding that I have missed a deadline to object, I hope that you may accept that my claim is admissible as truthful and therefore may be considered when PKDC considers this application for a short-term let licence. My main reasons for objecting are that my wife and I were not informed that Cottown House had been converted in any way to accommodate short-term lets – I am assuming that two garages have been converted into living accommodation at some time in the past. I also have my suspicion, but only circumstantial evidence, that an outbuilding in the grounds of Cottown House, which was originally intended to be an equine insemination unit when planning permission was granted allowing the development of what was later renamed Cottown House, may be being used as a “boarding house” for trades people travelling through, or operating in, the area. The circumstantial evidence is the high volume of trades vehicles that enter and leave the property early morning or late afternoon/early evening, and the smell of cooking that is very noticeable early morning or late evening. We, most certainly, would have objected to developments of this type had we been informed of change-of-use. The access roads to Oakdene and Cottown House from the main St. Madoes to Errol road that are used by the owners of Cottown House are maintained by a few residents of Cottown (including myself) who bear the cost and provide the labour. This maintenance is performed at least twice per year with ad hoc repairs also being performed during the year. I would state that the owners of Cottown House have donated a small amount of money only very few times in the last twenty years to the upkeep of these roads. The second part of the access road to Cottown House is maintained at least 95% by me. If a short-term let licence is granted to Cottown House then this will result
Page 2
2 in the greatest volumes of traffic and consequential wear being caused by the toing and froing from Cottown House with no proportional acceptance of the maintenance cost. I do not believe it to be reasonable that I have to increase my costs as a consequence of Cottown House continuing to receive a disproportionate number of “guests”. Cottown is a small community of mainly older people. It does not seem fair that the activities at one property should be allowed to disrupt the quiet enjoyment of homes and gardens of these residents. In conclusion, by means of this email, I, Stewart K. Pirnie of Oakdene, Glencarse, Perth PH27NL am objecting, in writing, to the application for a short-term let licence for Cottown House, Glencarse, Perth PH2 7NL. Thank you again Karen for your help on this issue, I am very grateful, and hope that the reason for the late submission of my objection will be accepted by the Licensing Committee. If it is at all possible, can you please acknowledge receipt of this email? Thank you. Yours sincerely, Stewart K. Pirnie ------ Original Message ------ From: "CDS STL" <STL@pkc.gov.uk> To: Sent: Monday, 27 Nov, 23 At 12:49 Subject: Objection to short-term let licence application for premises located at Cottown House, PH2 7NL Dear Mr. Pirnie Thank you for your email below with respect to the application for a short-term let licence for three premises located at Cottown House, PH2 7NL. Objections or representations should be received by the Council within 28 days of the Public Notice of Information being posted at the premises. In this case, we have received a signed declaration from the Applicant that the Public Notice was posted for a period exceeding the required 21-day period (specifically, 29 September 2023 through 21 October 2023) and are satisfied that it was posted in a location that was accessible to passersby, namely, on the main gate that leads to the property where all three short-term let premises are located. If you have evidence to the contrary, please do let us know. In this case, any objection submitted later than 27 October 2023 would be considered late. However, if you submit an objection/representation in a form acceptable under the legislation as detailed below, the Licensing Committee has discretion to consider late objections or representations if satisfied that there is sufficient reason why the objection or representation was not received in time. If this applies you will need to explain in your objection or representation, why it is late. Your objection or representation will not be considered unless the Licensing Committee decides that it will consider it. Please ensure that any such submissions are received by no later than 5pm on Monday, 5 December 2023, failing which the application(s) will be progressed. All representations or objections must: Be made in writing; Specify the ground(s) of the objection or nature of the representation; Specify the name and address of the person making it; and Be signed by the objector, or on their behalf (for emails the inclusion of your name and address will count as a signature).
Page 3
3 Further information can be viewed at Objections and Representations to a short term let licence application. Kind regards Karen Karen Engelberts Licensing Enforcement Officer Short Term Lets - Corporate and Legal Services Perth & Kinross Council 2 High Street Perth PH1 5PH Telephone: 01738 475195 (9am – 12pm, Monday through Friday except for public holidays) Web: Short Term Lets - Perth & Kinross Council (pkc.gov.uk) The information provided may not address your individual requirements, is for informational purposes only, and does not constitute any form of legal advice. It is recommended that you seek your own, independent legal advice. -----Original Message----- From: Stewart Pirnie < > Sent: Thursday, November 9, 2023 8:45 AM To: CDS STL <STL@pkc.gov.uk> Subject: Cottown House application 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 My neighbours and I have just discovered that Mr Khazaka of Cottown House has applied for a short term let licence (28th September) presumably for part of his house that appears to have been converted from garages to living accommodation. I believe that there is a requirement for a notice of intention to be displayed by the applicant in public view. This requirement has not been complied with. My neighbours and I would appreciate your guidance on this issue. Yours faithfully Stewart Pirnie Oakdene Glencarse The information 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 attachments are virus-free and does not accept any liability for any loss or damage resulting from any virus infection. Perth & Kinross Council may monitor or examine any emails received by its email system. The information 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 information contained in it. General enquiries to Perth & Kinross Council should be made to enquiries@pkc.gov.uk or 01738 475000.
Page 4
The yellow box contains all of the houses in Cottown with the exception of my house and Cottown House. The blue line follows the private road (solum owned by a local estate but maintained by a few residents of Cottown) that is used by residents of Cottown. The orange line follows the route of a private road owned equally by Oakdene (my house) and Cottown House. The red circle shows the location of the gate/entrance to Cottown House. The entrance to my house is the yellow line. My house (Oakdene) is circled yellow. The gate/entrance to Cottown House is indicated by the red line.
Page 5
The gate/entrance to Cottown House is circled in red