A retrospective planning application for a storage and distribution yard in Kilmarnock has been approved, despite objections from 15 local residents and claims that residents had been treated 'deplorably'.
Planning Committee Decision
Members of East Ayrshire Council's Planning Committee unanimously backed proposals by Kelburne Construction for a change of use at 1 Fullarton Street from a former general industrial site to a Class 6 storage and distribution yard. The approval also covers new boundary fencing and landscaping.
The application was brought before councillors because it attracted more than 10 objections from members of the public.
Resident Concerns
Residents raised concerns including noise from machinery and deliveries, traffic congestion, dust, waste on the site, lighting, privacy and the impact of CCTV cameras.
Planning officers recommended approval, noting the site has a long-established industrial history as a vehicle repair garage and could legally return to a Class 5 industrial use without further planning permission. They concluded that the proposed storage use was compatible with the surrounding area and that mitigation measures would help reduce impacts on nearby homes.
Mitigation Measures
The approved plans include a 2.5-metre acoustic fence along the southern boundary beside neighbouring homes, a 2.4-metre timber fence along Fullarton Street, and new landscaping featuring almost 200 shrubs and plants.
Councillor Criticism
During the meeting, Councillor Jayne Sangster criticised the company's handling of relations with neighbours as 'quite deplorable', saying residents had experienced “a year of noise and disturbance” and argued that the firm had failed to engage properly with those affected.
She said: “They had an opportunity to work with these residents. They could have lettered them, they could have went and spoke to them. They chose not to do that and have basically treated them with contempt, which to me is just deplorable.”
Councillor Sangster had earlier informed the committee that she had been in contact with the applicant regarding the concerns of residents, but had taken a 'step back' when she joined the Planning Committee. She added that she mentioned this for transparency, but insisted she would be objective in relation to the application.
Officer Comments
Planning officers told councillors they had held detailed discussions with the applicant and believed the company now understood the concerns that had been raised. They also noted that enforcement action could be taken if planning conditions were breached.
Councillors also discussed concerns about CCTV coverage and noise levels. Officers advised that CCTV would be subject to separate data protection legislation and that any future noise complaints could be dealt with through environmental health powers.
Operating Conditions
As part of the approval, operating hours will be restricted to 8am to 6pm Monday to Friday and 8am to 1pm on Saturdays, with no operation on Sundays or Scottish bank holidays. The fencing must be installed within months of the final design being approved, while landscaping must be maintained for 10 years.
At the meeting, councillors also agreed to add a condition requiring CCTV at the site, with the detailed wording to be delegated to planning officers. The application was approved unanimously.
