Agenda and minutes

Minute of Meeting held on 24 February 2023 to be approved and signed by the Chairman.  (Copy attached.)

1.            MINUTE

There had been circulated copies of the Minute of the Meeting held on 24 February 2023.

DECISION

AGREED to approve the Minute for signature by the Chairman.

(Copy to follow.)

1.            LICENSES ISSUED UNDER DELEGATED POWERS

For Members’ information there had been circulated copies of lists of licences dealt with under delegated powers for the periods 13 February 2023 – 5 September 2023.

DECISION

NOTED.

Consider an application for Short Term Let Licence received from N. Armstrong, 26 Davidson Place, Newtown St Boswells.

Representations / objections received:                     
Consultees - none.

Other – three objections

(copies of application summary and objections attached.)
   

1.            APPLICATION FOR GRANT OF SHORT TERM LET LICENCE

3.1       There had been circulated copies of an application in respect of a Short Term Let under the Civic Government (Scotland) Act 1982 – (Licensing of Short-term Lets) Order 2022.  Mrs Nina Armstrong, 26 Davidson Place, Newtown St Boswells owned a detached three-bedroom property and had applied for a Home Share Licence.

3.2       Mr Wynne, Licensing Standards and Enforcement Officers explained that Police Scotland, Fire and Rescue Service Scotland, Environmental Health, Planning, Building Standards, Housing Strategy Team and Anti-Social Behaviour unit had been consulted in terms of the application for a Home Share Licence, none of whom had made any representations but three objections had been received from neighbours.

3.3       Mrs Armstrong was present at the meeting and represented by Mr Taylor from Chambers Legal Limited.  Mr Taylor explained that he had visited the property at Davidson Place which was the subject of the Home Share Licence, and which had been built in the 1950’s.  The property consisted of 2 upstairs bedrooms, one which was occupied by Mrs Armstrong’s daughter and partner and a small extension, best described as a large single/small double bedroom which was originally built for when Mrs Armstrong could no longer manage the stairs.

3.4       Mr Taylor referred to the objections received and in terms of the loss of privacy at the rear of the garden, he explained that 8/10 of the gardens to the rear of the property were overlooked, so privacy was gone.  In terms of parking, Mr Taylor had visited on a Sunday evening and observed that many of the residents had made provision for off-street parking for at least 2 cars and there was some parking provision.  In terms of noise, Mr Taylor stated that change was difficult for neighbours and the licence, if granted would be reviewed in 3 years, and should there be any problems, there was the potential for an early review.  The proposal was for a Bed and Breakfast for someone holidaying in the area, who would use it as a base and be out and about through the day, it was not intended for Hen and Stag parties.  Mrs Armstrong would not be an absent Landlord and could control inappropriate behaviour.

3.5       On being invited to address the Committee, Mrs Armstrong stated that it was a future investment, having decided to retire early and having reviewed her assets.

3.6       Mrs Thornton-Nicol, objector was present at the meeting and explained that planning permission for the extension to the rear of the property was granted in 2019 and built over a period of several months in 2021.  Mrs Thornton-Nicol had not objected to the planning application as it had clearly stated in correspondence between the Planning Officer and Applicants Agent that the intent was to future proof her property for her later life.  However, this was now a business opportunity, to be operated from a house within a fully residential area, where it was quiet and peaceful and where there  ...  view the full minutes text for item 3.

Before proceeding with the private business, the following motion should be approved:

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be exclude from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 7A to the aforementioned Act.”

PRIVATE BUSINESS

DECISION

AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 14 of Part I of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

 4.0    MINUTE

The Private Section of the Minute of 24 February 2023 had been circulated.

Private section of Minute of Meeting held on 24 February 2023 to be approved and signed by the Chairman.  (Copy attached.)