M&S, Stane Park, Colchester, CO3 8DW

variation of conditions 4 and 5 (relating to mezzanine floorspace and use classes) following grant of planning permission 193163 for ‘Retail park comprising retail (A1) and restaurant (A1/A3/A5) units with associated parking and landscaping’ without complying with a condition attached to planning permission Ref 202105, dated 09/02/2021

Authority: Colchester City Council
Appeal type: Planning
Procedure: Written
Development: retail
Postcode: CO3 8DW

Main issues, as the Inspector framed them

the effect of varying the condition on the living conditions of the occupiers of neighbouring properties, with particular reference to noise and disturbance

What decided it

The robust Noise Impact Assessment demonstrating that noise from deliveries would be below levels causing adverse impact, combined with enforceable mitigation measures in the Delivery and Servicing Management Plan, outweighed the Council's concerns based on assumptions rather than evidence.

Plan policies cited: Policy DM15

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