EAST AYRSHIRE COUNCIL PLANNING COMMITTEE: 27 JUNE 2014

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1 EAST AYRSHIRE COUNCIL PLANNING COMMITTEE: 27 JUNE /0246/AD AND 14/0299/PP INSTALLATION OF EXTERNALLY ILLUMINATED FASCIA SIGNS, REPAINTING OF WINDOWS, DOORS (RETROSPECTIVE) AND REPAINTING OF SHOPFRONT. AT: 1 3 THE CROSS, MAUCHLINE, KA5 5DA BY: MRS CAROL SPEIR Report by Head of Planning and Economic Development Click for Application Details: 0 Click for Application Details: 0 EXECUTIVE SUMMARY SHEET 1. DEVELOPMENT DESCRIPTION 1.1 Proposal 14/0299/PP seeks retrospective planning permission to paint the ground floor windows, doors, and basecourse oxford blue. 1.2 The proposal originally included painting the external wall render of the ground floor left premises from cream to white. As a result of discussions with the Planning Authority relating to the visual impact on the conservation area the applicant has agreed to retain the external wall colour cream. 1.3 Proposal 14/246/AD also seeks advertisement consent for two externally illuminated fascia signs. The two plywood fascia sign boards will be sited flush with the external wall above the existing ground floor bay windows. The fascia sign boards will be painted oxford blue with silver coloured raised lettering. The sign boards will be externally illuminated by directional lighting. 2. RECOMMENDATION 2.1 It is recommended that the planning application ref. 14/0299/PP be approved.

2 2.2 It is recommended that the advertisement application ref. 14/0246/AD be approved. 3. CONCLUSIONS 3.1 The Town and Country Planning (Scotland) Act 1997 requires that applications are determined in accordance with the Development Plan unless material considerations indicate otherwise. As indicated in Section 5 of the report, the application is consistent with the provisions of the Development Plan. 3.2 As indicated in Section 6 of the report, there are material considerations relevant to this application, but in this instance, it is considered that the material considerations are not of such weight to merit refusal of the proposal. 3.3 The proposal will not detract from the visual appearance of the building itself, and there will be no adverse impacts on the character or appearance of the Mauchline Outstanding Conservation Area. CONTRARY DECISION NOTE Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development in terms of the principle of the proposed development, then the application will not require to be referred to Council as it would not represent a significant departure from Council 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: 27 JUNE /0246/AD AND 14/0299/PP INSTALLATION OF EXTERNALLY ILLUMINATED FASCIA SIGNS, REPAINTING OF WINDOWS, DOORS (RETROSPECTIVE) AND REPAINTING OF SHOPFRONT. AT: 1 3 THE CROSS, MAUCHLINE, KA5 5DA BY: MRS CAROL SPEIR 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 and an application for advertisement consent, which are to be considered by the Planning Committee under the Scheme of Delegation as the applications have attracted more than 10 objections. 2. APPLICATION DETAILS 2.1 Site Description: The application site is located on the western side of The Cross within the Mauchline town centre. Looking at the front elevation; The left hand side of the building has ochre painted windows (first floor level) and ochre painted door (ground floor level), whilst the bay windows and a door (ground floor level) have been painted oxford blue (retrospective). The external walls are cream in colour. The right hand side of the building has oxford blue painted window surrounds and fascia sign. The external render walls are white in colour. 2.2 The application site is located within the Mauchline Outstanding Conservation Area and while the application site is not a listed building, a number of B listed properties are located adjacent to and within the vicinity of the subject site. 2.3 Proposed Development/Background: Proposal 14/0299/PP seeks retrospective planning permission to paint the ground floor windows, doors, and basecourse oxford blue. 2.4 The proposal originally included painting the external wall render of the ground floor left premises from cream to white. As a result of discussions with the Planning Authority relating to the visual impact on the conservation area the applicant has agreed to retain the external wall colour cream. 2.5 Proposal 14/246/AD also seeks advertisement consent for two externally illuminated fascia signs. The two plywood fascia sign boards will be sited flush with the external wall above the existing ground floor bay windows. The fascia sign

4 boards will be painted oxford blue with silver coloured raised lettering. The sign boards will be externally illuminated by directional lighting. 3. CONSULTATIONS AND ISSUES RAISED 3.1 Mauchline Community Council There is no response at the time of writing. 3.2 Transport Scotland - has been consulted in regard to the advertisement application and have no objections to the proposal. 3.3 Roads & Transport Service has been consulted in regard to the advertisement application and have no objections to the proposal. 4. REPRESENTATIONS 4.1 A petition with 10 signatures and an objection letter have been received in connection with the applications. 4.2 The representations comprise the following grounds of objection: The suggested colour scheme for the downstairs property (white and oxford blue) and associated signage in contrast to the section of the building that will retain existing colours (cream and ochre brown), aesthetically will look ridiculous. It is considered that repainting the ground floor windows and surrounds(front and side elevation), a door (front elevation) and its surrounds, and raised render base course from ochre brown to oxford blue will not have a detrimental visual impact on the building itself or on the surrounding Mauchline Outstanding Conservation Area. For clarity, the applicant has agreed with Council to retain the external render wall colour cream of the left hand side premises at ground floor level. The proposed change of colour and resultant contrast to the existing will look out of place with the surrounding conservation area buildings when considering the contrasting colour interphase on front and gable elevation. It is advised that the applicant has agreed with the Planning Authority to retain the external render wall colour cream of the left hand side premises at ground floor level. All building rainwater pipes would also be coloured 50% blue and 50% brown. The plans as submitted with the planning application do not indicate that the rainwater pipes will be painted blue.

5 The planning application does not accurately depict the intended future use of the developed property with regards to business function. The planning application submitted does not involve a change of use, it is for repainting of the shop front only. Change of commercial function to provide capabilities to serve food and drink to the general public in a gallery/arts and crafts workshop area will result in increased noise, fire risk, health & safety risk, increased opening hours, additional refuge which will have a detrimental impact on adjoining property. The planning application submitted does not involve a change of use. It is advised that a current Enforcement case (EN/14/0095/UCU) for an alleged unauthorised change of use and unauthorised works is currently under consideration. The proprietor has already gone ahead with the work without consent. The applicant has submitted a planning application in retrospect seeking to secure planning permission for the painting already carried out as well as that which is proposed in an attempt to regularise the breach of planning control. The appropriateness of the painting undertaken and that being proposed is considered in the policy assessment in Section 5 below. Structural opening created through communal load bearing wall without building control warrant. Internal alterations which have already been carried out to the property are not a material consideration in the determination of the applications as they do not require planning consent from the Planning Authority. It is advised that a current Enforcement case (EN/14/0095/UCU) for an alleged unauthorised change of use and unauthorised works is currently under consideration. The matter is also being investigated by the Building Standards section. Proposal will reduce the commercial value of my property and restrict the ability to rent the property at market value. Issues concerning impact on property values and ability to rent are not material planning considerations. 5. ASSESSMENT AGAINST DEVELOPMENT PLAN 5.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications are determined in accordance with the development plan unless material considerations indicate otherwise. For the purposes of this application the relevant development plan comprises the Adopted East Ayrshire Local Plan 2010 (EALP).

6 5.2 In regard to the proposed fascia signage, Regulation 4(1) of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 limits the exercise of the powers of control of advertisements solely to the interests of amenity and public safety. East Ayrshire Local Plan Strategic Policy ENV 1 states that Council will seek to protect, preserve and enhance all built heritage resources requiring conservation including Listed Buildings and Conservation Areas, together with their respective settings, Historic Gardens and Designed Landscapes, Scheduled Ancient Monuments and Archaeological and Industrial Archaeological Sites and Landscapes. The subject property is located within the Mauchline Outstanding Conservation Area and a number of B listed properties are located within the immediate vicinity of the application site. It is considered that repainting the ground floor windows and surrounds (front and side elevation), a door (front elevation) and its surrounds, and raised render base course from ochre brown to oxford blue of the left hand side premises will not have a detrimental visual impact on the building itself or on the surrounding Mauchline Outstanding Conservation Area. The use of oxford blue is not too dissimilar from the B listed building opposite, which has dark green painted window & door surrounds and fascia sign. Whilst it is acknowledged that the preference would be for all windows & doors and their surrounds on the building to be painted the same colour, in this instance the proposal will not significantly detract from the character of the conservation area. The proposed externally illuminated fascia signs are considered satisfactory and will not detract from the visual amenity of the conservation area. Overall the planning application and advertising application are considered to comply with policy ENV Strategic Policy ENV4 states that Council will actively encourage the retention, restoration, renovation and re-use of listed buildings, unlisted buildings in conservation areas and other locally important, especially traditional older properties, throughout the area. Both the planning application and advertising application are considered to be compliant with policy ENV4 as the proposal is considered acceptable in regard to scale, position and general finish of the property. 5.5 Strategic Policy ENV7 states that development and demolition within a conservation area or affecting its setting shall preserve or enhance its character and be consistent with any relevant conservation area appraisal or management plan

7 that may have been prepared for the area. The design, materials scale and siting of any development shall be appropriate to the character of the conservation area and its setting. The Council will seek to ensure that all development within or affecting the setting of a Conservation Area or affecting the appearance or setting of a listed building complies with the Council s appropriate Design Guidance. Both the planning application and advertising application are considered to be compliant with policy ENV7 as the proposal is considered acceptable in regard to scale, position and general finish of the property. It is also noted that the proposal as outlined in Section 5.7 of this report is compliant with the Council s Design Guidance. 5.6 Strategic 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. Both the planning application and advertising application are considered to be compliant with Policy ENV7 as the proposal is considered acceptable in regard to scale, position and general finish of the property. Overall the proposal will not have a detrimental impact on the exterior of the subject property, and will not detract from the amenity of the streetscape or on the surrounding conservation area. It is also noted that the proposal as outlined in Section 5.7 of this report is compliant with the Council s Design Guidance. 5.7 Design Guidance 4 Listed Buildings and Buildings within Conservation Areas; Design Guidance 5 Shop Front Development; Design Guidance 6 The Display of Advertisements. It is considered that both the planning application and advertising application generally comply with Council s relevant design guidance requirements. The re-painting of the ground floor windows and surrounds (front and side elevation), a door (front elevation) and its surrounds, and raised render base course from ochre brown to oxford blue of the left hand side premises will not have a detrimental visual impact on the building itself or on the surrounding Mauchline Outstanding Conservation Area. The use of oxford blue is considered satisfactory and will not have a detrimental impact on the character of the conservation area, particularly given the B listed property opposite has not too dissimilar dark green window & door surrounds and fascia sign. There are a number of other properties in the vicinity already using oxford blue for example, the Royal Bank of Scotland and opticians at High Street. The proposed externally illuminated fascia signs are satisfactory and will not detract from the conservation area. The timber fascia signs will be secured flush with the external wall of the building above the existing

8 ground floor bay windows. The signs will be painted oxford blue and have silver coloured raised letters. The proposed fascia signs have been designed to respect the design characteristics of the building itself as well as being sensitive to the conservation area. The size, scale, location, materials, design and finish of the fascia signs are considered acceptable and generally comply with Council s design guidance. The design guidance recommends no more than one illuminated fascia sign will be allowed on any one frontage of a building in a Conservation Area. In this instance the proposal to split the fascia sign into two smaller fascia signs above the existing ground floor bay windows is considered to be a better design outcome and will minimise the visual impact on the conservation area than having one large dominant fascia sign. The two externally illuminated fascia signs can be supported in this instance. 6. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 6.1 The principal material considerations relevant to the determination of the planning application and advertising application are the consultation responses received, representations, the planning history and the impact on the amenity of the area. Consultation Responses 6.2 The consultation responses received do not object to the applications 14/0246/AD and 14/0299/PP. Representations 6.3 The petition and letter of objection are not of sufficient weight to merit refusal of the applications 14/0246/AD and 14/0299/PP. Planning History of the Site /0206/FL - Proposed Alterations To Existing Shop - New WC Provision And Improved Signage Incorporating Shutters And Repainting Approved with Conditions. Scottish Historic Environment Policy (SHEP) 6.5 The SHEP states that both Scottish Ministers and the Planning Authority are required to have regard to the desirability of preserving or enhancing the appearance of the conservation area in exercising their responsibilities under the planning legislation. The planning application and advertising application as outlined within this report are considered satisfactory and will not adversely affect the character

9 and setting of the conservation area and therefore are not considered to be contrary to the provisions of the SHEP. Impact on the Amenity of the Area 6.6 As indicated in section 5 above, the proposal overall will not detract from the character and appearance of the building itself, the streetscene or conservation area. The proposed fascia signs will be flush fitted to the external wall of the property above the existing ground floor bay windows and their size, scale and siting is deemed to be sympathetic to the building and fits neatly above the respective bay windows. The signage does not appear as an over dominant feature in relation to the building frontage, and nor will it detract from the visual amenity of the conservation area to an unacceptable degree. The proposed fascia signs when seen collectively with the existing fascia sign, will not create excessive advertisement clutter. 7. FINANCIAL AND LEGAL IMPLICATIONS 7.1 There are no financial or legal implications for the Council relative to this application. 8. CONCLUSIONS 8.1 The Town and Country Planning (Scotland) Act 1997 requires that applications are determined in accordance with the Development Plan unless material considerations indicate otherwise. As indicated in Section 5 of the report, the application is consistent with the provisions of the Development Plan. 8.2 As indicated in Section 6 of the report, there are material considerations relevant to this application, but in this instance, it is considered that the material considerations are not of such weight to merit refusal of the proposal. 8.3 The proposal will not detract from the visual appearance of the building itself, and there will be no adverse impacts on the character or appearance of the Mauchline Outstanding Conservation Area. 9. RECOMMENDATION 9.1 It is recommended that the planning application ref. 14/0299/PP be approved. 9.2 It is recommended that the advertisement application ref. 14/0246/AD be approved.

10 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 1. Application Forms/Plans. 2. Statutory Letters/Certificates. 3. Consultation responses 4. Objection Letter(s)/Petition 5. Adopted East Ayrshire Local Plan. 6. SHEP LIST OF BACKGROUND PAPERS Anyone wishing to inspect the above papers please contact Craig Thomas, Planning Officer, on Implementation Officer: David McDowall, Operations Manager

11 TP24 East Ayrshire Council TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997 Application No:14/0246/AD Location Nature of Proposal: Name and Address of Applicant: Name and Address of Agent 1-3 The Cross Mauchline East Ayrshire KA5 5DA Installation of externally illuminated fascia signs Mrs Carol Speir Many Thanks 3 The Cross Mauchline KA5 5DA Grian Design Associates 73 Mossgiel Avenue Mauchline KA5 6BG The above Advertisement Application should be approved. Officer s Ref: Craig Thomas REASON FOR THIS DECISION The proposed development is consistent with the Development Plan and there are no material considerations of sufficient weight that would indicate that the application should be refused.

12 TP24 East Ayrshire Council TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997 Application No:14/0299/PP Location Nature of Proposal: Name and Address of Applicant: Name and Address of Agent 1-3 The Cross Mauchline East Ayrshire KA5 5DA Repainting of shop front (Retrospective). Mrs Carol Speir Many Thanks 3 The Cross Mauchline KA5 5DA Grian Design Associates 73 Mossgiel Avenue Mauchline KA5 6BG Officer s Ref: Craig Thomas The above Planning Permission should be approved. Advisory Note 1. For the avoidance of doubt, as agreed by the applicant, the external rendered walls shall be painted cream. 2. For the avoidance of doubt, the Mosaic Thistle plaque fixed to wall with Many Thanks sign in oxford blue coloured raised letters as shown on the submitted plans, is hereby not approved as part of this application. REASON FOR THIS DECISION The proposed development is consistent with the Development Plan and there are no material considerations of sufficient weight that would indicate that the application should be refused.

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