A SUPERMARKET giant has agreed to pay £1,650 after complaints about early morning and evening deliveries.
Iceland, which is located at the Turner Rise Retail Park, failed to comply with its planning conditions and was served an enforcement notice by Colchester Council.
Under the existing rules the store is allowed deliveries between 7am and 11pm from Monday to Saturday and between 10am and 4pm on Sunday.
But Colchester Council has received numerous complaints from nearby residents claiming the store was operating deliveries outside the time frame allowed.
Iceland admitted the breach and the case did not proceed to court.
The firm was fined £1,675 and ordered to pay the council’s costs of £215 and a collection order was made.
The fine comes as the supermarket was given permission to allow home delivery drivers to access to store before 7am.
Colchester Council has given Iceland permission to vary its delivery pick-up hours following a trial last year.
It means home delivery vans can attend the site between 6am and 7am on weekdays and Saturdays.
This is to protect nearby residents at the Turner Rise Retail Park from noise and disturbance.
The first reported breach was in November 2019, when a warning was issued to the supermarket.
A second breach was reported last July, which resulted in a notice being served to Iceland in September.
Following another failure to comply with the planning conditions in March, Colchester Council pressed charges against Iceland with the support of residents who gave their statements.
Councillor Martin Goss, who has previously objected Iceland’s proposal, said: “The most offensive thing about is that they were called flouting the law again after they had been to court that week.
“They were given a court order and a fine and they did it again, so another warning has been issued.
“This serves as a notice to retailers that it’s absolutely right we support them in providing employment, but there is law and they need to stick to it.
“Houses and neighbours were there before the store and the noise came.”
Andrew Ellis, councillor responsible for housing and planning, said: “The council continued to receive complaints from local residents that Iceland was breaching planning conditions well after it had been served with a warning and a notice by our enforcement officers.
“This was totally unacceptable, given nuisance noise is not only anti-social but can adversely affect the wellbeing of residents.
“This case should send a clear message to those who repeatedly flout the law, that the council takes noise nuisance and breaches of planning enforcement seriously and that we will seek remedy through the courts if necessary.
“Any resident with concerns about noise disturbance, including seeking information about what constitutes a nuisance, can find out more online at www.colchester.gov.uk The council supports residents by responding to enquiries and investigating and intervening where necessary.”
Iceland has been contacted for a chance to reply.
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