A landlord who lives in the US and lets her apartment out via Airbnb has been banned from doing so in future, after a row involving a local council and a UK government.

Marianne Blake allowed tourists and business travellers to let her two-bedroomed flat in Edinburgh, but following complaints from other residents in the same block, the council ruled that she was contravening planning consent.

Blake, who lives in Pennsylvania, appealed to the Scottish Government. 

The Edinburgh Live news website says her appeal letter said: “The evidence which you gathered as the part of this investigation, which you presented as a proof that the property is used for a commercial holiday let, is that the flat is advertised on Airbnb and Booking.com for minimum three nights and can accommodate four people.

“But your investigation doesn’t mention anything about how many days in the year are available for this type of stays.

“I can ensure you that the human traffic and the average number of residents in my property is not higher than in the average property in this block.”

Meanwhile the council contended: “Investigations also confirmed that the property has two bedrooms and is being advertised as being able to accommodate four people with three night stays available.

“In terms of the character of the property, the block which the flat is contained within encompasses a shared entrance door and shared stairs/landings.

“With complaints of noise and disturbance from neighbouring flats, as a result of the intensive operation and the associated comings and goings through the communal stairwell, it is considered that a material change of use has occurred.”

The government came down on the side of the local authority.

Edinburgh Live reports the government reporter – an appeals inspector – as concluding: “Given the frequency of commercial visitor lettings at this property as well as the property’s relationship with the other three residential flats, and the potential for increased noise and disturbance to the detriment of neighbouring properties, I consider that this has resulted in a significant variation from normal residential activity.

“I find that the use of the property for short stay commercial visitor accommodation constitutes a material change of use requiring planning permission.

“As no such planning permission exists, I therefore conclude that, at the time the notice was served, a breach of planning control had occurred.”