PLEASE READ UPDATES BELOW - SOME OF THIS INFORMATION IS NOW OUTDATED, OTHER INFORMATION IS UPDATED

Elbistan Kebabs have continually ignored planning permissions and legislation .

Under the existing planning permits, they are only allowed to work from 8am to 6pm on weekdays - this is something that is blatantly ignored. In addition, there is a significant noise issue from both their refrigeration units and parked lorries that is causing a tangible nuisance to the local residents.

The Parish council has asked the county council to investigate this, and worded a letter to MDC saying;

My Council have been informed by affected parishioners that the above company is not adhering to the operating hours approved under Condition 4 of MAL/598/84 i.e. that:

‘No machinery shall be operated and no industrial processes shall be carried out on the premises any time on Sundays or Bank Holidays, and subject to that absolute prohibition in respect of Sundays and Bank Holidays, no machinery shall be operated and no industrial processes carried out on the premises except between the hours of 8.00 a.m. and 12 noon on Saturdays or between the hours of 8.00 a.m. and 6.00 p.m. on other weekdays’.

At present, Maldon District Council has approved the following:

FUL/MAL/07/00964 Retention of canopy and canteen facility.  Elbistan Kebabs, Milton House, Maldon Road, Latchingdon.  Elbistan Ltd.

The remaining planning requests have neither been approved or denied at present, although both Latchingdon Parish Council and Purleigh Parish Council have both asked MDC to deny them.

FUL/MAL/07/00969 Variation to condition 4 imposed upon planning permission MAL/598/84 dated 11 April 1985, to allow extension of one hour in the morning for food preparation and four hours in the evening for washing down procedures. Elbistan Kebabs, Milton House, Maldon Road, Latchingdon.  Elbistan Ltd.

FUL/MAL/07/00970 Retention of 6 No. freezers contained within associated substation. Elbistan Kebabs, Milton House, Maldon Road, Latchingdon.  Elbistan Ltd.

On the 2nd November Ellen Barkley and Mrs Hall of MDC visited No.2 Thatchers Croft after 9pm to listen to the noise nuisance. Unfortunately it was a 'quiet' night that evening, and they felt that the noise did not constitute a nuisance.

UPDATE - 19th November 2007

Planning Application No: FUL/MAL/07/00970 – Retention of 6 No. freezers contained within associated substation: Approved 

Due to the planning officers decision to "Approve" (contrary to recommendations from the parish councils), the Final decision will come from the NW Planning Committee on 3 December. All of the papers relating to this application should be online on the MDC website by this Friday, 23 November – because they MUST be published minimum 5 working days before the meeting. These papers WILL INCLUDE THE OFFICER’S REPORT which, as already said, will recommend approval. It would be a good idea to look at that report before any letters are sent to members of the NW Planning Committee, because clearly it is necessary put in the correct arguments to oppose the reasons given by the Officer for approval. We (I speak for the local residents in general) want the Committee to refuse this application but, to cover the eventuality that it is approved, it might also be useful to provide within any letters suggestions of conditions which should be imposed upon any approval. 

On a good note, the Planning Application No: MAL/07/00969 – Variation to condition 4 imposed upon planning permission MAL/598/84 dated 11 April 1985, to allow extension of one hour in the morning for food preparation and 4 hours in the evening for washing down procedures: 

The Officer’s recommendation for this application is for REFUSAL – therefore this will be the final decision – no need for the matter to go to Committee because the Officer’s view is in line with that of the parish councils – therefore this application will be determined as a delegated decision of REFUSAL.



UPDATE - 29th December 2007

It appears that Elbistan are again applying for an extension to their operating hours. The application FUL/MAL/07/01366 is almost identical to FUL/MAL/07/00969 that was REFUSED; they have simply changed the evening extension time to three hours instead of four.

The Planning application posted outside of their site can been seen HERE

Update - 6th February 2008

The planning application FUL/MAL/07/01366 was REFUSED for the following reason: "Any extension of hours will entail the use of machinery causing detriment to the amenities of surrounding residential properties contrary to policy E7 of the adopted Maldon District Replacement Local Plan"

Update - 12th February 2008

Our request for a formal meeting with the Chief Executive of Maldon District Council has been agreed. This follows a site visit the previous week, when the environmental officers agreed that their was a noise nuisance, and witnessed workers on site at 8:30pm - this has been brought to the Chief Exec's attention, and will be the focus of our meeting.

Update - 31st March 2008

Elbistan was served with two 'Breach of Condition' notices on the 31st March 2008 by Maldon District Council. MDC has stated that they have 28 days in order to rectify the breaches relating to noise and working hours. The LRPA is still committed to working with local businesses, and two of its members visited the site on Wednesday 2nd April in order to meet with the owners and their consultant in order to try and reach an amicable arrangement that does not affect the amenity of the local residents.

Update - February 2009

Elbistan is now called 'Kismet' (after Elbistan going into liquidation), but still has Maurice Green as it's owner.

After several planning applications were merged into a single application FUL/MAL/08/01249, MDC decided again to allow Kismet/Elbistan a further 12 months temporary planning consent for the refrigeration units.

Several members of the LPRA attended the planning meeting on the 10th February and although not entirely pleased with the outcome, were gladdened to hear that the general concensus of the commitee was that Kismet/Elbistan were not making enough effort, and that the residents should be considered more. With this in mind, they reduced the 24 month temporary request down to 12 months, and 

MDC made the following conditions:

1 CONDITION

The freezer units hereby permitted shall be removed on or before 31 December 2009 unless before that date a formal planning application for the retention of the units has been approved by the local planning authority.

REASON

It is not considered that the grant of a permanent planning permission would be appropriate and a temporary permission would enable the local planning authority to reassess the impact of the development on the rural landscape and nearby residential properties in the area.

2 CONDITION

Within a period of 2 months from the date of this decision a full and appropriate noise report shall be submitted to the local planning authority for approval. The scheme shall include an assessment using BS4142, which shall demonstrate the noise levels generated by the freezer units, their impact upon the surrounding area and appropriate mitigation required to address any issues raised within the report. Any scheme of mitigation identified within the noise report, as may be approved in writing by the local planning authority, shall be implemented and completed within a period of one month following the date of such approval. The scheme as implemented shall be retained as such thereafter 

REASON

In order to protect the tranquil rural countryside and the residential amenities of the nearby properties in accordance with policies CON5, CC6 and E7 of the Maldon District Replacement Local Plan.

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