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Council under fire for not defending HMO objection in court

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Council chiefs have been accused of showing a “lack of respect” for residents fighting to prevent a Victorian flat being turned into a house of multiple occupancy after they refused to fight the development in court.

The bid to turn the property in Rosebery Street, in the Rosemount area of Aberdeen, into an HMO was approved by the council’s planning committee last July, but was later rejected by the licensing committee.

Solicitors Baillies, operating on behalf of the owners, then launched an action to have the decision overturned, but councillors voted this month not to pursue legal action.

Now outraged residents say the council disregarded objections from more than half of the street’s residents and “rolled over to opportunist profiteers”.

Rebecca Kennedy, spokeswoman for the objectors, said the group was “stunned” when they discovered the council was not going to fend its “democratic decision” to reject the scheme.

She said: “As the meeting not to defend it was held in private – and no reason has been given for that decision – we have no idea why they did not contest the appeal.

“This application has caused significant stress to many residents and although we have had considerable assistance from local councillors who have carefully looked into our case, the council has chosen not to support us.

“Instead it is allowing an absentee landlord, driven by profit, to railroad through this disruptive change.

“There has been a complete lack of transparency by the council which has done nothing to defend its citizens against an incoming profiteer.”

But last night councillor Alec Nicoll, who voted for the council not to pursue action, said the decision did not mean that the HMO was a certainty.

He said: “We could have been left in a situation where we have to pay for both sides if we lose, so based on our legal advice we voted against it.

“My understanding is that a new application will have to be submitted.”