Disruptive car wash

nicmyles

This isn't strictly related to house buying, so forgive me, but would welcome any thoughts about how to proceed. It certainly affects enjoyment of my home and potential ability to sell it. There is a car wash over the road from me that uses high-frequency powered machinery that can be heard in every room of my house and my garden. It is maddening and causes frequent headaches.

-the car wash is in a car park owned by the council but operated by a large multi-national private company
-it was set up with no planning permission during Covid
-retrospective planning was applied for and refused last year, mainly due to the noise
-an appeal was made but ran out of time as the company did not provide the correct documents
-a further planning application is expected but has not happened
-two enforcement actions have been opened since with no resolution and council workers have been polite but non-committal
-the private company says the head of planning at the council is well aware of what is happening
-the council has declared the car wash a statutory nuisance and there is a noise abatement order on the site

Through all this, the car wash has continued to operate in exactly the same way and has made no changes to their operation as a result of refused planning or noise orders. The noise obviously goes up and down, but during busy periods, it can be eight hours a day, seven days a week.

I'm baffled why the council won't control its own land, won't enforce planning decisions and won't enforce noise orders. I presume there is some financial incentive for them, but any ideas on remedies?

MultiFuelBurner

Welcome to powerless Britain where you can do what you want and suffer minimal consequences.

chanz4

call enviromental health

nicmyles

chanz4 said:

call enviromental health

Thank you, that is how the site was declared a statutory nuisance and the noise abatement order issued. 

The site operations and noise continue as before.

eddddy

The council should have far reaching powers to deal with this.

For example,

The enforcement notice could require the removal of machinery and other items from the site. And if the owners don't remove them, the council can send in their own contractors to do it.

And/or the council could get an injunction ordering the car wash operators to stop. If they carried on, they would then be in contempt of court - and could be fined, or ultimately imprisoned.

The council can also confiscate all the money the car wash operators make, under the Proceeds of Crime act. (As operating the car wash in contravention of an enforcement order is a criminal offence.)


Have you only spoken to the council by phone? Maybe try writing and asking for more specific details - like what enforcement action they have taken so far, what further enforcement action is planned, and a timescale.

user1977

Have you contacted your councillor(s) about it?

Loanranger21

Contact your local councillors as soon as possible. This statutory nuisance is adversely affecting your health and your quiet enjoyment of your home. Have you any neighbours who could also contact the councillors? Do this by email don’t rely on phone calls. 

nicmyles

@eddddy Thank you, good to know I'm not going mad, as that would have been my assumption.

@user1977 No, but that is the only other step I can think of. Just seeing if anyone had any further ideas before I dive into that.

MeteredOut

If your local councillors do not take action, contact your MP too.

Yorkie1

Formal complaint to the council as well as the other suggestions, followed by Local Government Ombudsman if still no action?

Bigphil1474

OP, if they have been served with an abatement notice (usually under the EPA), then that's a big hurdle over come. The Environmental Health team should be collecting evidence for breach of that notice and then prosecuting them. If they aren't doing that, you need to get on to their backs about it  and then put a complaint against the service if you don't get any where.

Where I work, (in Environmental Health) part of our team comment on all planning applications in relation to potential nuisance, so there should be no way they get planning permission given they've demonstrated they cause a nuisance, unless it's through appeal and some dopey councillor supports it. Keep pestering the EHO - we are all understaffed at the minute, but that's no excuse given they've got past the notice stage.