A dispute between a car spray booth and neighbours in Tilehurst has ended in defeat for the business after complaints that ‘cancerous chemicals’ were being sprayed into neighbours’ gardens.
A neighbour had called for Reading Borough Council to take action against the Time to Shine car wash and spraying business in Norcot Road, accusing it of emitting ‘cancer-causing chemicals’ from paint spray cans.
The resident also claimed that buildings at the site had been put up without planning approval and have inadequate ventilation measures.
The council did serve the business with two enforcement notices in January.
But the people in charge of the car business appealed against these notices, arguing usage of the site is lawful.
READ MORE: 'We're fully legal' Car wash business hits back after council launches investigation
However, the appointed planning inspector sided with the council, ruling that site did not have established use in class B2, which covers general industrial uses.
The business has now been ordered to end car washing and valeting in February next year. While car workshop activities can continue, car spraying must end and a ‘lean-to’ structure on the site must be removed.
The ruling in the appeal was recently discussed by the council’s planning applications committee.
Addressing council planning officers, councillor James Moore (Liberal Democrats, Tilehurst) said: “Thank you for the work on this.
“I’m sorry that it’s got to this point, that the people who run this particular place are not being good neighbours and it’s got to the point where enforcement has had to take place.
“I very much hope they get this iun order long before February because I know it’s caused a lot of distress by residents who are affected by it.
“We’ll be keeping a close eye on it, I’m sure if there are still issues the residents will let me know.”
Acknowledging the defeat in the appeal, Chris Keen, a planning agent appointed by the business said: “The two appeals were dismissed with corrections relating to the car wash and spray booth and lean-to structures but the inspector confirmed that the lands B2 use lawfully remains and are safeguarded by way of the Mansi principle.”
The principle he refers to states that that enforcement notices should not prohibit lawful development or uses.
Mr Keen continued: “The paint spraying of vehicles falls within use Class B2, therefore this use will lawfully continue including the car wash structure which also enjoys this B2 use.
“We will be discussing now, the new workshop facilities with the council and submitting the relevant applications shortly.
“Had the council worked with us and engaged in constructive dialogue, I believe we could have resolved the planning use on this site which would have saved much time and expense on both sides.
“I would also point out that the Inspector refused the substantive and procedural award of costs application from the council because it transpired that they misconstrued the land`s planning history and its use rights.”
The appeal was discussed at the council meeting on Wednesday, September 4, after the inspector made the decision on August 13.
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