An Edinburgh resident has disputed a council investigation, which claimed that his three-bedroom flat is being made available to up to 13 people on Airbnb.
The City of Edinburgh Council served an enforcement notice to Thistle Street resident Ellis Johnson on February 16 alleging the property had changed use to a short term let in 2017 without planning permission.
Council officers said an investigation discovered Mr Johnson's flat was "being used for short stay commercial visitor accommodation and advertised on Airbnb."
READ MORE: Edinburgh plans for giant head sculptures approved for St James Quarter
They added: "Investigations also confirmed that the property has three bedrooms and is being advertised as being able to accommodate up to eight adults and five infants with only a two-night minimum stay."
But Mr Johnson denied the allegations, claiming he only allows seven guests for at least a week at a time.
Officers continued: "The use enables new individuals to arrive and stay at the premises for a short period of time on a regular basis throughout the year in a manner dissimilar to that of a permanent resident."
They said this represented a breach of planning controls and ordered Mr Johnson to cease use of the flat as a short term let by March 30.
However, an appeal since launched by the New Town resident has put the case in the hands of the Scottish Government and the enforcement has been put on hold.
In a seven-page letter submitted to the Government's planning appeals department, Mr Johnson said there were "a number of material factual inaccuracies" in the notice issued by Edinburgh Council.
He said that after purchasing the flat, it was used "as a base in town for me to use in between client meetings and to occasionally stay in."
He said the flat became his primary residence in 2017 when his circumstances changed, but he does not use it for that purpose any more for personal reasons.
Mr Johnson said the city centre flat is now a "primary residence which I am absent from" and available on Airbnb around six months of the year, with guests staying for a minimum of one week at a time.
But he denied the council's allegation that a material change of use of the property without planning permission had taken place.
And he also disputed claims it is available to 13 people, adding: "This is simply inaccurate and am following up with Airbnb to see where this claim may have come from. The very maximum number allowed is three couples and one child."
Mr Johnson said he has "a strict vetting process" for guests and enforces a no party and no noise policy.
He added he is "far less likely" to disturb neighbours than the "itinerant population of renters/restaurant employees/restaurant patrons" who he said make noise, leave rubbish and smoke in the stairway.
And he further claimed to be "the closest thing to a permanent resident that the building has."
In a plea to the Scottish Government reporter handling the case, Mr Johnson wrote that use of the flat as a short term is "essential to maintaining my livelihood, mental health and general well being."
He added: "I am therefore begging whomsoever reads this appeal, to fully and objectively consider all the facts and degrees pertaining to the usage of my property as part time short term accommodation."
The City of Edinburgh Council has been asked by the reporter to issue a response to Mr Johnson's appeal and submit any evidence gathered as part of the investigation.
Members of the public are also being invited to make representations regarding the case, which will be determined following a site visit to the Thistle Street address.
It comes amid a crackdown on Airbnbs in the capital after councillors voted to make Edinburgh Scotland's first short term control zone, which will soon require properties being used for short term letting and not as a permanent residence to be granted change of use.
Furthermore, any property being used as a holiday rental will have to apply for a license from local authorities by April 2023 under new legislation passed by the Scottish Government.
