Agenda item

21/01177/FUL - Milton House, Kismet Kebabs Limited, Adjacent Milton House, Maldon Road, Latchingdon, Chelmsford, Essex CM3 6LF

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.


Application Number



Kismet Kebabs Limited, Adjacent Milton House, Maldon Road, Latchingdon, Chelmsford, Essex, CM3 6LF


S73A application for ancillary storage (building A), gym/workshop for the site owners (building B), detached factory building (building C), building for demonstrations (building D), single storey front and rear extensions to factory (building E), maintenance and storage building (building E2), covered storage area (building F), sales and staff office, containers for product storage, cladding to existing buildings, entrance gates and fencing, hardstanding for parking and turning, and associated plant and landscaping.


Kismet Kebabs


Mrs Lisa Skinner - Phase 2 Planning

Target Decision Date


Case Officer

Kathryn Mathews



Reason for Referral to the Committee / Council

Major application due to the site area being over 1 hectare (ha).

Member call-in – Councillor S White due to effect on the countryside, public interest, sustainability.

Member call in – Councillor Fleming in consideration of the following policies as outlined in Purleigh Parish Council’s responses:

D1 Design Quality & Built Environment

D2 Climate Change & Environmental Impact of New Development

S1 Sustainable Development


It was noted that a Members’ Update was circulated prior to the meeting that provided further details on floor space, staff numbers, parking provision and a number of amended conditions.  A verbal update was also provided that further minor amendments to the conditions recommended would be required if Members were minded to grant planning permission for the development.  Following the Officer’s presentation, an Objector, Ms Matthams and the CEO of Kismet Kebabs, Mr Devadasan addressed the committee.


The Chairman then introduced the Senior Specialist: Environmental Health Officer, in attendance to deal with any technical enquiries and invited Members to put their questions.


A lengthy discussion ensued covering a range of issues, the main concerns related to the adverse impact on neighbouring amenity due to noise and malodorous emissions as a result of an extractor that emitted directly into a residential garden.  At one point Members were minded to defer the application in order to have a site visit. However, it was acknowledged that the planning permission would allow for these issues to be addressed and therefore it was preferable not to delay the matter, which could, if delayed result in an appeal against non-determination.  It was further noted that planning permission needed to be in place in order for the applicant to comply with a Noise Abatement Notice. 


Councillor Durham proposed that the application be approved in accordance with the Officer’s recommendation and impose an additional condition requiring the relocation and ducting details of the offending extractor.  This was seconded by Councillor Stephens.  The exact wording of the condition to be delegated to Officers in consultation with the Chairman.  It was noted that the applicant was prepared to relocate the fan.


The Chairman put Councillor Durham’s proposal to the Committee and it was approved.


RESOLVED that the application (including subject to a Section 106 Agreement) be APPROVED subject to the conditions outlined in the report and the Members’ Update together with an additional delegated condition to require the relocation and ducting details of an existing extraction outlet away from the northern elevation of main factory building.

Supporting documents: