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Allowed27 July 20266004870

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

Planning appeal 6004870 at M&S, Stane Park, Colchester, CO3 8DW (Colchester City Council) was allowed on 27 July 2026 by Inspector Claire Coles, by written representations. The main issue, as the Inspector framed it: the effect of varying the condition on the living conditions of the occupiers of neighbouring properties, with particular reference to noise and disturbance.

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
Inspector
Claire Coles
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.

What the Inspector cited

Development plan policies
Policy DM15

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2026

  1. Dismissed8 May 20263376495
    Land North of Maldon Road, Tiptree, Colchester, CO5 0PQ
  2. Dismissed21 April 20266003967
    Land off The Chase, Straight Road, Colchester, Essex, CO3 9BU
  3. Allowed9 March 20263375645
    30 Booth Avenue, Colchester, Essex, CO4 3BB
  4. Notice varied and upheld2 March 20263375258
    Rouval, Turnpike Close, Langham, Colchester, CO4 5NG
  5. Allowed2 February 20263372408
    28 Wych Elm, Colchester, CO2 8PR

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.