Thursday October 2nd 2025
Short term holiday home in Musselburgh
Written by Local Democracy Reporter, Marie Sharp
An Airbnb operator who was told their flat was ‘too popular’ to qualify for automatic approval to continue has appealed to Scottish Ministers to intervene.
Montgomery Property Lets Ltd was refused a Certificate of Lawfulness to keep renting out the short term holiday home in Musselburgh in July by East Lothian planners.
But they are challenging the council over claims allowing families and workers to stay in the ground floor property in Kilwinning Terrace is any different to it being a permanent residential home.
And they say the property is benefiting the local economy by bringing people to the town.
In their appeal to Scottish Ministers, the applicants say: “My house functions as a residential property regardless of length of stay, planning should regulate land use not occupancy contracts, identical properties should not be
classified differently based solely on duration.”
The certificate of lawfulness, which avoids the need to apply for a change of use for short term holiday lets, was applied for on the grounds the property, which has been advertised as a short term let since January this year has not had a material change of use.
However planners said the fact the two bedroom flat , has been occupied for 99 per cent of the time it has been available, with stays lasting between two to five days, meant there had been a change of use and it was not ‘lawful’.
Refusing an application for the certificate, planners said: “The property is advertised on Airbnb and is let out continuously throughout the year, with the applicant stating an occupancy rate of 99 per cent in their supporting statement.
“The use of the applicants’ flat as a unit of short-term holiday let accommodation by a maximum of four guests would not be too dissimilar to the number of residents that could occupy the property in a residential use.
“However, as the flat is advertised on a holiday rental platform, coupled with the frequency of the arrival and departures of guests and the movements associated with the changeovers and cleaning between guest stays, this would lead to a different movement pattern which is incomparable with long-term residential use.”
Challenging the views of the council planners, the applicants said: “The movement of guests, frequency and intensity or noise and otherwise unsociable activities is no different to that of a resident or long term renter.
“There is no evidence of any such unsociable entry time activity or loud noise levels, because they do not exist.
“My property in fact is helping the local economy hosting families enjoying the area and spending in the area as well as hosting workmen who need accommodation while working away from home.”
The appeal will be decided by a Scottish Government Reporter .
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