Campaigners launch court action against 544-bed hostel in Edinburgh

Campaigners in Edinburgh have launched a court challenge against a decision to approve a 544-bed hostel in the city's Atholl Crescent.

Plans to transform four Category A-listed Georgian townhouses into pod-style hostel accommodation were determined on appeal by a Scottish government planning reporter in July.

Opponents argued serious errors were made during the application process and raised concerns the decision could set a precedent for property companies wanting to bring large-scale tourist developments to the city's heritage sites.

The statutory appeal has asked the Court of Session to reverse the Scottish government's decision.

City of Edinburgh councillors were due to consider the application made by developers Atholl Crescent Propco Ltd late last year.

However the statutory two month window passed before it had reached Edinburgh's development management sub-committee.

The developers consequently appealed to the Scottish government for a decision and it was approved without a formal vote by locally elected members on the sub-committee in July.

It is understood the buildings in Atholl Crescent, which were previously the headquarters of law firm Brodies, have not been in residential use for more than century.

Philip Flockhart, conservation architect and spokesperson for the local residents, said it was not about opposing appropriate development or tourism but rather the process for major planning decisions.

"We have sympathy with planning officers working under enormous pressure," Flockhart said.

"The decision to pursue a Court of Session challenge has not been taken lightly and the legal arguments will now be considered through that process.

"The wider issue, which goes beyond one development, is that this was an exceptionally large and complex proposal and Edinburgh's elected development management sub-committee never had the opportunity to consider it."

Concerns about the way the application moved through the planning process have also been raised by elected political representatives.

Development management sub-committee convener Hal Osler said she was "deeply disappointed" councillors had not been given the chance to determine the application.

She said: "This was an extremely complicated application that required both planning permission and listed building consent.

"Prior to the agent exercising their right to appeal non-determination, the officer sought to agree an extension of time with the agent to allow submission of additional information to support the assessment."

More than 280 objections were lodged against the proposals, which were also opposed by all four local ward councillors and the area's MP Dr Scott Arthur.

"I respect the planning process and the role of the Reporter, but I continue to stand with residents who have raised serious and reasonable concerns about this development," he said.

Issues around the scale of the development have also been raised in the statutory appeal.

Proposals have consistently been for approximately 544 beds, but the appeal argues the planning permission contains no restriction on the number of beds or pod units which could be provided.

It adds the number of beds, pods and rooms containing pods could have been imposed as there is currently no restriction on the development's overall bed capacity.

Jocelyn Cunliffe, of the Architectural Heritage Society of Scotland, said: "This case raises a wider question about whether Scotland's planning system is equipped to protect historic buildings and local communities when dealing with increasingly intensive uses.

"If the number of beds cannot be controlled through the planning process, it is reasonable to ask how the intensity of use of a historic building can be properly assessed and managed.

"That is an issue which goes far beyond Atholl Crescent."

The appeal also raises questions about the assessment of the impact on nearby residents and refers to previous decisions involving much smaller short-term visitor accommodation proposals in the surrounding area.