Venue: By Microsoft Teams
Contact: Fiona McCallum Tel. No. 01546 604392
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APOLOGIES FOR ABSENCE Minutes: Apologies for absence were
intimated on behalf of Councillors Gordon Blair, Daniel Hampsey, Paul Kennedy
and Liz McCabe. |
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DECLARATIONS OF INTEREST Minutes: There were no declarations of interest intimated. |
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CIVIC GOVERNMENT (SCOTLAND) ACT 1982: THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022: APPLICATION FOR GRANT OF A SHORT TERM LET LICENCE (C BRAY, RHU) Report by Regulatory Services and Building Standards Manager Minutes: The Chair welcomed everyone to the meeting. In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the
options for participating in the meeting today.
The options available were by video call, by audio
call or by written submission. For this
hearing the Applicant and her husband opted to proceed by way of video call and
joined by MS Teams, the Objector opted to proceed by audio call and joined the
meeting by telephone. The
Chair outlined the procedure that would be followed and invited the Licensing
Standards Officer to speak to the terms of the report. The
Chair then invited the Applicant to speak in support of the application. APPLICANT For
the last five years the flat has been let out for short term lets, apart from
the lock down period, we have not received any form of complaints or concerns
from neighbours within the property and feel that the flat does not affect them
in any way. There are 17 flats within
the property and only one objector to our application, we have a good
relationship with the surrounding owner occupiers and tenants. We work sensitively, are responsible hosts
and have painted the back of the building, which benefits everyone. QUESTIONS FROM OBJECTOR No
questions were asked by objector. OBJECTOR The
Objector spoke in support of his objections as outlined in his letter, which
included invasion of privacy and security and the setting of precedence. He advised that he had lived in the property
for the last 35 years, noting that the other owner occupiers and long term
tenants are known to me but these people coming and going to the short term let
are not. He noted that he was the only
objector as not everyone knew about this hearing nor the application. He
advised that he has served on the
residents committee for a number of years and feels that allowing this short
term let would set a precedent for others to follow suit and the building would
go downhill. QUESTIONS FROM APPLICANT Have
you had any issues with any other long term tenants, owner occupiers or short
term lets. Objector
responded yes probably with all of them over the years. I do not know who is coming and going to
short term lets. MEMBERS’ QUESTIONS Councillor
Brown asked if in the last 5 years that the flat has operated as an Air BnB if
any mail has went missing or has there been any anti-social behaviour. Applicants
responded that nothing has ever been raised to them. Objector
responded by advising that an item was stolen from an outside shed but it was difficult
to know if any mail had went missing. Councillor
Brown asked the objector if he knew if the theft related to the short term let.
He
did not know. Councillor
Forrest asked the applicants how and where they displayed the notices in
relation to the short term let application? The
applicant responded that notices were displayed on the front and back gates of
property and that several owners had spoken to her in relation to the notices. Councillor
Forrest also asked if there had ever been police involvement. The
applicant was not aware of any issues that would have involved the Police. The
objector said probably in the last 30 years but could not remember anything
specific. Councillor
Armour asked the Objector in the last 5 years what issues had arisen. The
objector responded that it is a residential area which are either long term
lets or owner occupiers, the issues that have arisen in the past 5 years are a
nuisance to myself. Councillor
Armour added how many times have you complained to the owners? The
objector advised that he had never complained to the owners. Councillor
Irvine asked the objector if the short term let or the application had been
discussed with the residents association. The
objector advised that this had not been discussed. Councillor
Hardie asked the objector if he had any issues with noise at unsociable hours. The
objector advised that where his residence is in relation to the short term let
he would not hear any noise from that area. Councillor
Brown asked both applicant and objector if there had been a discussion around
installation of a secure mail box. The
applicants stated that they had offered to arrange for a door to be put on the
mail box to secure it, however, there are often parcels left outside the
property. No other resident had raised a
concern with regard to the mail Councillor
Philand asked the objector if the licence was to be granted with the conditions
applied, what do you think is missing that should be included? The
objector responded that his issue is with privacy. There
were no further questions. SUMMING UP Objector The
objector summed up by stating that he wanted the building to stay as long term
residency and not short term lets, it infringes on privacy, not everyone wants
to get involved. He does not want
different people every other day going backwards and forwards. There may not have been anything in the
original title deeds but may have been if it had been legitimised back
then. The applicants never asked any of
the neighbours their thoughts. Applicant The
applicant stated that there are 17 flats within the building, there is an
access road that runs around the property to 7 other buildings, so there is a
right of way through the grounds. We
try to operate in a manner sympathetic to the other residents. When
asked, both parties confirmed that they had received a fair hearing. DEBATE Councillor
Hardie having listened to both sides advised he had no problem with agreeing to
grant the licence with the conditions attached. Councillor
Irvine wished that all applicants were as accommodating and considerate and
agreed with Councillor Hardie that the licence should be granted with
conditions. Councillor Forrest was of the same opinion as her fellow councillors. ... view the full minutes text for item 3. |