COLCHESTER Council is considering taking legal action against a supermarket giant for allegedly flouting planning rules and disturbing residents’ sleep with early morning deliveries.

Residents says they are being woken up in the early morning by HGVs visiting the Iceland store at the Turner Rise Retail Park.

Under the planning conditions for the store’s deliveries into the service area are allowed between 7am and 11pm from Monday to Saturday and between 10am and 4pm on Sunday.

However, ward councillor Martin Goss said annoyed residents of Peto Avenue, located just behind the service area, are being woken up not by the dawn chorus but by early morning deliveries.

The council is now considering taking legal action against the supermarket giant.

Mr Goss said: “A planning enforcement notice was given to Iceland to say they were operating outside the times they are allowed to.

“They have carried on doing it and seem to have completely ignored the notice.

“We are gathering evidence to take it to court and that is what will happen if it isn’t sorted.

“We mean business because it has been going on for a long time.”

An HGV at the Turner Rise Retail Parks service area

An HGV at the Turner Rise Retail Park's service area

Mr Goss said he had contacted the Iceland head office and the owners of the retail park had also moved to warn the firm to stick to the rules.

He said similar issues were also being investigated in relation to neighbouring retailer Home Bargains.

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“The Iceland deliveries are disturbing residents when they should be asleep,” he said.

“It is causing some residents sleep deprivation.

“At the end of the day Iceland are a huge brand which should know better than this.

“They say ‘mums go to Iceland’ but I certainly won’t be visiting until this is sorted.”

He added: “The retailers and residents can live together in harmony but they both have to play their part in being good neighbours.”

The Gazette contacted Iceland but the firm did not respond by the time of going to press.