EAST AYRSHIRE COUNCIL PLANNING COMMITTEE: 16 MAY /0237/PP REPLACEMENT WINDOWS AND INSTALLATION OF COMFORT COOLING CONDENSERS

Transcription

1 EAST AYRSHIRE COUNCIL PLANNING COMMITTEE: 16 MAY /0237/PP REPLACEMENT WINDOWS AND INSTALLATION OF COMFORT COOLING CONDENSERS AT: 2 THE CROSS, KILMARNOCK KA1 1LR BY: EAC CORPORATE INFRASTRUCTURE Report by Head of Planning and Economic Development Click for Application Details: EXECUTIVE SUMMARY SHEET 1. DEVELOPMENT DESCRIPTION 1.1 The proposal is for replacement windows and installation of condenser units to the roof as well as the western and eastern elevation of the building. It is proposed to replace the existing white aluminium framed windows at second and third floor level with aluminium top swung double glazed windows designed to improve and enhance the thermal qualities of the building. In regard to the outdoor condenser units, 12 units will be located on the roof at third floor level, 7 units will be located on the roof at second floor level, 7 units will be located at second floor level on the western elevation of the building and 2 units will be located at second floor level on the eastern elevation of the building. The units located on the western and eastern elevations will be sited at low level and therefore will not be readily visible from the public domain. 2. RECOMMENDATION 2.1 It is recommended that the application be approved. 3. CONCLUSIONS 3.1 Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise. 3.2 The application is considered to be compliant with the Development Plan and there are no material considerations which indicate otherwise. The proposed window replacement and installation of condenser units is considered to be in-keeping with the Kilmarnock Town Centre.

2 CONTRARY DECISION NOTE Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to the Council as this would not constitute a significant breach of policy. Alan Neish Head of Planning and Economic Development Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority.

3 EAST AYRSHIRE COUNCIL PLANNING COMMITTEE: 16 MAY /0237/PP REPLACEMENT WINDOWS AND INSTALLATION OF COMFORT COOLING CONDENSERS AT 2 THE CROSS, KILMARNOCK KA1 1LR BY EAC CORPORATE INFRASTRUCTURE Report by Head of Planning and Economic Development 1. PURPOSE OF REPORT 1.1 The purpose of this report is to present for determination an application for planning permission which is to be considered by the Planning Committee under the Scheme of Delegation as the Council is the applicant and also has a land ownership interest in the application site. 2. APPLICATION DETAILS 2.1 Site Description: The application site comprises the north-western part of the Burns Mall Shopping Centre. To the front (west) is the Cross which is surrounded by commercial/retail premises, to the side (north) is the Foregate Square beyond which lies the Foregate Shopping complex and Multi-storey car park; to the rear (east) is Sturrock Street and the one-way traffic system adjacent to which is the Palace Theatre; and to the north-east is the Kilmarnock Bus Station. The site lies within the designated core shopping area of the Kilmarnock town centre. 2.2 Proposed Development: The proposal is for replacement windows and installation of condenser units to the roof as well as the western and eastern elevation of the building. It is proposed to replace the existing white aluminium framed windows at second and third floor level with aluminium top swung double glazed windows designed to improve and enhance the thermal qualities of the building. In regard to the outdoor condenser units, 12 units will be located on the roof at third floor level, 7 units will be located on the roof at second floor level, 7 units will be located at second floor level on the western elevation of the building and 2 units will be located at second floor level on the eastern elevation of the building. The units located on the western and eastern elevations will be sited at low level and therefore will not be readily visible from the public domain. 3. CONSULTATIONS AND ISSUES RAISED 3.1 Piersland-Bentinck Community Council - have been consulted and there is no response at the time of writing. 3.2 Environmental Health have been consulted and there is no response at the time of writing.

4 4. REPRESENTATIONS 4.1 The application has not received any letters of representation. 5. ASSESSMENT AGAINST DEVELOPMENT PLAN 5.1 For the purposes of this application the relevant Development Plan is the Adopted East Ayrshire Local Plan 2010 (EALP). East Ayrshire Local Plan Policy ENV9 states that the Council will actively encourage the highest standards of design and all developers will be expected to comply with the Council s existing design guidance. Developments which do not meet the required design standards may not be supported by the Council. The design, materials and colour of the proposed windows are considered acceptable and compatible with the town centre environment. The proposal will replace existing dilapidated windows with new thermally efficient windows and will improve the visual appearance of the building whilst also improving the environmental efficiency of the building. The proposed outdoor condenser units will be sited so as not to be readily visible from the public domain and therefore will not detract from the visual amenity of the building itself and the wider town centre streetscene. The condenser units located at second and third floor roof level will be sited centrally on the roof and will not be readily visible when viewed from street level. The condenser units located on the western and eastern wall elevations will be sited at low level and therefore will not be readily visible when viewed from street level. Overall the proposal will not have a detrimental impact on the exterior of the building, and will not detract from the amenity of the town centre streetscape. 6. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 6.1 The material considerations relevant in the determination of this application are the consultation responses and amenity considerations in respect of the location of this site. Consultation Responses 6.2 No consultation responses have been received at the time of writing.

5 Amenity 6.3 The proposed window replacement and installation of condenser units will not have an adverse impact on the amenity of the Kilmarnock town centre. 7. FINANCIAL AND LEGAL IMPLICATIONS 7.1 There are no financial implications for the Council relative to this application. 7.2 In terms of legal implications, the Council owns the property. There is no requirement to notify the Scottish Government under Circular 3/2009 Notification of Planning Applications, should members choose to grant consent. 8. CONCLUSIONS 8.1 Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise. 8.2 The application is considered to be compliant with the Development Plan and there are no material considerations which indicate otherwise. The proposed window replacement and installation of condenser units is considered to be in-keeping with the Kilmarnock Town Centre. 9. RECOMMENDATION 9.1 It is recommended that the application be approved. CONTRARY DECISION NOTE Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to the Council as this would not constitute a significant breach of policy. Alan Neish Head of Planning and Economic Development FV/AN 7 MAY 2014

6 LIST OF BACKGROUND PAPERS 1. Application Forms/Plans. 2. Statutory Letters/Certificates. 3. Consultation responses 4. Objection Letters 5. Adopted East Ayrshire Local Plan. 6. Scottish Planning Policy 7. Circular 3/2009 Notification of Planning Applications. Anyone wishing to inspect the above papers please contact Craig Thomas, Planning Officer, on Implementation Officer: Alan Neish, Head of Planning and Economic Development

7 TP24 East Ayrshire Council TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997 Application No:14/0237/PP Location Nature of Proposal: Name and Address of Applicant: Name and Address of Agent East Ayrshire Council 2 The Cross Kilmarnock East Ayrshire KA1 1LR Replacement windows and installation of comfort cooling condensers Capital Programme Manager Simon Bell EAC Burns Precinct 2 The Cross Kilmarnock KA1 1LR Corporate Infrastructure East Ayrshire Council Opera House 8 John Finnie Street Kilmarnock KA1 1DD Officer s Ref: Craig Thomas The above Planning Permission Application should be approved Advisory Note 1. The developer should make early contact and will require to notify/register with the Councils Environmental Health department, giving details of the installation and their procedures for cleaning the system with a view to controlling the occurrence or spread of legionella. REASON FOR THIS DECISION The proposal, accords in general with the East Ayrshire Local Plan 2010, and, in this instance, there are no material considerations of significant weight to justify a departure from the development plan.

8

9