Wednesday December 3rd 2025
Ground floor property on Kilwinning Terrace, Musselburgh
Written by Local Democracy Reporter, Marie Sharp
Reviews by guests staying at a popular Musselburgh Airbnb showed they had a ‘predisposition’ for nights out in Edinburgh which could disturb neighbours, a Scottish Government Reporter has ruled.
The owner of the ground floor flat in Kilwinning Street, Musselburgh, had appealed to Scottish Ministers after East Lothian Council refused to declare its use as a short term let lawful.
But the appeal has been rejected after the Reporter found reviews of the Airbnb listed property showed those staying “enjoyed” nights out in Edinburgh.
Rejecting the plea to over rule the council planners, the Reporter said: “The reviews by guests show that the property attracts guests who are predisposed to enjoying Edinburgh’s visitor attractions and bars, restaurants and entertainment venues.
“Whilst permanent residents would also enjoy evenings out, I find it more likely that guests would do so on a regular basis. As such they are more to enter and leave the property at unsocial hours, further distinguishing the pattern of their use of the property from that which one would expect of permanent residents.”
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 challenged the claim saying they allowed families and workers to stay in the ground floor property which was no different to how it would be used as a permanent residential home.
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.
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.”
Rejecting the appeal the Reporter said the high occupancy of the flat meant turnover was far higher than a general residence and noted the quiet character of the street it was in.
They said: “Kilwinning Terrace appears to have a relatively quiet and intimate character. Other than the sounds of parking, there is unlikely to be any significant level of noise arising from either traffic or pedestrian footfall.
“The absence of through traffic and commercial outlets contribute to making the area sensitive to any noise and disturbance, especially late at night. I appreciate that not all guests will be noisy, but residents are more likely to have regard to their neighbour’s amenity than guests who are simply visiting.”
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