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Civic Govt Licensing Committee - Friday, 20 March 2026 - 10.30 am
March 20, 2026 at 10:30 am Civic Govt Licensing Committee View on council website Watch video of meeting Read transcript (Professional subscription required)Summary
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The Civic Government Licensing Committee of Scottish Borders Council met on Friday, 20 March 2026, to discuss licensing matters. The primary focus of the meeting was the consideration of an application for a short-term let licence for Hazeldean Lodge 1, Hassendeanburn, Hawick, which was ultimately granted.
Licensing of Short-Term Lets
The committee considered an application for a short-term let licence for Hazeldean Lodge 1, Hassendeanburn, Hawick[^1]. The application was for a secondary letting of a one-bedroom lodge with a maximum occupancy of four people.
Decision: The application for a short-term let licence for Hazeldean Lodge 1 was granted.
Discussion: The application generated significant discussion due to objections from neighbours and letters of support.
Objections: Concerns raised by neighbours included:
- Environmental Impact and Privacy: Fears were expressed about the impact on local flora and fauna, as well as a loss of privacy due to increased visitor numbers and potential overlooking from the lodge's decking area.
- Supervision of Guests: Objectors questioned how guests would be supervised, particularly with the owners living abroad.
- Access and Parking: Issues were raised regarding the use of a private track for access and the adequacy of parking, with concerns that increased traffic could exacerbate existing problems.
- Litter, Waste, and Disposal: Worries were voiced about the capacity of current waste disposal arrangements to handle increased rubbish from short-term guests.
- Property Suitability: Some objectors argued that the lodges were not suitable for commercial letting, citing their non-standard construction and the historical context of their development. They also referenced title deed restrictions that stipulated use as a private dwelling for one family only, with no commercial marketing or advertising.
Applicant's Response: The applicant, Mrs. Daniela Selhuber, and her husband, Edward Bantry White, presented their case, highlighting:
- Environmental Commitment: They emphasised their passion for environmental protection, citing their work in environmental education and their commitment to sustainable practices at the lodge, including planting native species and prohibiting fires and barbecues.
- Supervision: They stated that Daniela's parents, who live next door, would provide supervision, and that they would no longer be using a letting agency, with bookings being managed directly. They also clarified that parties would not be permitted.
- Access and Parking: They explained that each lodge had designated parking for two cars, which they believed was sufficient. They also noted that the private road was a loop and that they would contribute to its maintenance.
- Waste Management: They confirmed that separation bins would be provided inside the lodge, and that waste disposal was covered by council tax.
- Property Suitability: They argued that the lodges were originally built as part of a holiday business and that the infrastructure, including the septic tank and private road, was designed to support such use. They also contended that the feudal hold laws governing property use had been abolished in Scotland in 2004, and that the title deed restrictions might not be enforceable due to a lack of
interest
from neighbours to do so.
Letters of Support: Supporting letters from neighbours, Samantha Gower and Gavin Clarke, and Nicola Selhuber and David Whittle, highlighted:
- Tourism Benefits: They believed that granting the licence would encourage tourism to Hawick and that visitors would spend money locally.
- Fairness: They argued that it was unfair for other properties in the area to offer tourist accommodation while the lodges were restricted, especially given that the lodges were originally built for holiday lets.
- Shared Infrastructure: They pointed out that the use of the septic tank and access track would not significantly increase due to short-term lets, as the usage would be comparable to or less than that of permanent residents.
- Property Maintenance: They noted that all lodge owners had invested in maintaining their properties and that the lodges were built to a standard suitable for holiday lets.
Committee Deliberation: Councillors discussed the various points raised. Councillor Neil Richards noted the concern regarding septic tanks but suggested that conditions could be imposed on the licence. Councillor Tom Weatherston stated he could see no grounds for refusal, viewing many objections as speculative. Councillor Fay Sinclair commented that such applications were common and that each case was assessed individually, concluding that the lodge was suitable for couples or small families. Councillors Eric Small and John PatonDay also expressed support for granting the licence. The committee acknowledged that licences could be reviewed if issues arose.
Licences Issued Under Delegated Powers
The committee noted a list of licences that had been issued under delegated powers between 11 February and 10 March 2026. These included grants and renewals for Houses in Multiple Occupation, Private Hire Drivers and Vehicles, Skin Piercing/Tattooing establishments, and Secondary Letting.
Minute of Previous Meeting
The minute of the previous meeting held on 24 October 2025 was approved and signed by the Chair.
The meeting then moved to private business.
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