A RIVAL developer has accused Colchester Council of acting unlawfully in their bid to add a multiplex cinema to the Northern Gateway development.

Turnstone Estates, the company behind Colchester Council’s complex at the Northern Gateway, has applied to change 6,010 square metres of the site from being earmarked for restaurants to leisure, which would allow them to build a multiplex cinema.

Plans for the cinema went on show at a public exhibition yesterday.

But managing director of Churchmanor Estates Stephen Clark, who had a bid to build five restaurants and a pub in Stanway called Stane Park turned down by the council said his legal team believe the change could not been made in this way because it is such a fundamental alteration.

He said: “When Colchester Council announced its plans for the Northern Gateway it gave the impression that it already had planning permission for a 12 screen multiplex cinema on the site, which it didn’t.

“To try to establish cinema use at Colchester North, the council submitted a change of use planning application on December 8 which is now deemed unlawful.

“A change of use application is only used for minor planning amendments and therefore requires less public scrutiny than a full application.

“A 12 screen multiplex cinema with 2334 seats is hardly a minor variation.”

Plans for Tollgate Village, another out-of-town shopping and leisure development in Stanway featuring a cinema were provisionally approved by councillors last month.

As the decision went against the recommendations of officers, the planning committee is set to meet again next month to make a final decision after officers devise a new report stating the possible financial implications.

Mr Clark believes the council have been hypocritical in their plans to make the alterations after turning down Stane Park because the land was earmarked for employment use.

“Whilst it is generally recognised the council want to create a Tollgate Mark 2 at Colchester North, they should have been more transparent,” he said.

“This episode sadly creates the impression the council may have been trying to slip the application through and supports the belief held by many that the council has double standards when it comes to planning decisions in Colchester.”

Churchmanor Estates are currently appealing against the decision to turn down the Stane Park application and Mr Clark believes top level talks about the future vision of Colchester is required.

He said: “It is a confusing picture, with two out-of-town cinemas coming forward.

“The right size and location for an out-of-town cinema scheme needs to be considered, as well as the impact on Colchester town centre.”

“It would seem the situation calls for a very open debate and re-appraisal of what Colchester wants going forward. We hope our actions have started this process.”

The change of use has been called in by Mile End Conservative councillor Ben Locker which means the final decision on the plans will have to be made the council’s planning committee.

Mr Locker said he believed the change would reduce the number of facilities for a growing number of residents in his ward, and also potentially lessen the amount of jobs on the site.

Objections to the plans have been received by the company behind Tollgate Village, the Tollgate Partnership agreeing the plans were unlawful.

Colchester United’s operation manager Sean McQuaid has also lodged an objection on traffic grounds saying although the U’s broadly welcome the Northern Gateway development, an increased amount of traffic would have a significant impact on the club’s activities.

He said: “Egress, traffic flow and pedestrian safety are of particular concern.”

A spokesman for Colchester Council said: “The council, as local planning authority, has received objections submitted on behalf of other commercial interests that claim the application for development at United Way is procedurally flawed.

“These objections have been placed on the council’s web site.

“The council is currently considering these submissions.”