Councillors refuse short term let bid in Rowallan Court, Ayr

South Ayrshire Council has considered hundreds of short term lets (STLs) over the last year, following the introduction of a national licensing scheme.

While existing STLs only required a license, new lets require planning approval for a change of use.

Up until this week, no applications for licenses or planning permission had been refused, with 40 change of use applications granted since 2023, almost all by officers under delegated powers.

None had been brought before councillors until Thursday, when two planning applications at Trenchard Court and Rowallan Court were considered.

Campaigners Iain McKie and Lynn Carleton, who have represented many of the permanent residents of the flats at numerous licensing meetings, were joined by councillor Bob Shields, who reiterated the issues resulting from the proliferation of STLs in the area.

Both applications saw objections from Fort, Seafield and Wallacetown Community Council.

The first to be considered, at Trenchard Court, was slightly different from the usual applications as the applicant’s prime reason for the purchase of the flat was for a holiday home for her family, particularly her daughter who has autism.

They claimed that the renting out of the property for short term lets was to pay for the upkeep of the flat, with the primary use as their own home.

The Rowallan Court application was for a more traditional STL, but the applicant was not present to answer questions from the panel.

Councillor Bob Shields (Image: SAC)

Ayr West Independent councillor Bob Shields spoke on behalf of a number of objectors.

He said: “Today, I ask you to also consider the merits of the individuals who live next to these properties and whose lives will be negatively impacted by two more short-term lets quite literally, on their doorstep.”

“It’s hard to be neighbourly when you never know from one day to the next who your neighbours will be. And as members have heard repeatedly during scores of STL applications, not all neighbours are good neighbours.

“It’s hard to build a community when there is a gradually dwindling band of owner-occupiers trying to enjoy the amenity of their homes.

“The question for you all today is where do STLs end? Where do you draw the line here? Is it when the entire South Harbour area is a ghetto of short-term lets?

“Many of the remaining owner-occupiers have almost had enough. When they see more STLs arriving in their block, they’ll give up hope, put their homes on the market, and you know who will be buying them.”

Neither the application for Trenchard Court or Rowallan Court included any physical changes. Planners recommended that both applications be approved with conditions.

Mr McKie acknowledged that he had made several unsuccessful bids to stop licenses being granted to STLs in the area. He argued that there was ‘little humanity’ in the council’s appraisal of the application.

He added: “I only hope that the politicians in this panel can show more regard for a permanent residence and stop this in its tracks.

“It’s generally accepted that many other planning authorities are seeing fit not to grant applications for flats with a single outside entry giving access to floors above.”

Mr McKie added that in another nearby block, Raleigh Court, 23 of the 50 flats were STLs and, across the whole of the citadel quay area 42 per cent were STLs.

He said: “It’s a plea to you, the politicians, to do something about it. To help us. We’re getting to the stage where the quality of life of permanent residence is being destroyed.”

“Is this panel going to continue to put the interests of speculators before the community?”

Ms Carleton also spoke to the panel, representing the community association.

She listed the issues around noise, pop-up brothels, anti-social behaviour and other problems that have been argued at previous licensing hearings.

She added: “The view of the planning officer seems to be that any issues can be dealt with by other bodies, such as Police Scotland or the short-term lets licensing.

“However, a license was recently granted, despite there being a history of police attendances for suspected pop-up brothels in the property.”

Labour group leader, councillor Duncan Townson, asked about the impact of the STLs on the Citadel Quay area, where there are a high number overall, but some individual blocks that do not have them.

He said: “Have we considered the wider impact upon the area or have we focused solely on this one building? Because, in this local area, there are a lot of short-term lets, but in this building, there are not.”

He was told that there is an option to look at a short-term let control area should there be a ‘real over proliferation’ of STLs.

This would result in all STLs requiring planning permission as well as a licence. The scheme was considered by councillors alongside the licensing plans, but was deemed unnecessary.

Councillors voted to approve the change of use for the Trenchard Court property by four votes to three.

Councillors voted by five to two to refuse the Rowallan Court application on the basis that it would “have the significant potential to create an unacceptable impact on local amenity due to increased activity and movement within the flatted block, and significant potential for pressure on existing parking provision.”