A business is hoping to re-establish itself after it has finally been granted planning permission to move part of its operation to a new location after it had been subject to enforcement action following residents’ complaints about smells from a flue.
Accident repair specialists By Accident, on Whitting Valley Road, at Old Whittington, Chesterfield, had been accused by Patricia Welch, at Old Whittington, of setting up a car spraying operation at a unit near homes with a new, big flue which she complained created a stench.
But after Chesterfield Borough Council took action against the firm and also refused them planning permission for the operation, By Accident has now successfully been granted permission by the council to set up at another unit on the same estate further away from homes.
Planning officer Helen Frith told a council planning committee meeting on April 28: “There is a recommendation for approval with a limited permission of 12 months operation. Following 12 months the applicant can re-apply for permanent permission only if it is not causing any problems for neighbours.”
The planning committee approved By Accident’s planning application to change its light, industrial operation at Unit 11, on Whitting Valley Road Trading Estate, at Old Whittington, to a general industrial use for car spraying with the addition of a flue.
Plans include the provision of a spray booth inside the unit and a steel flue with an accelerator cone.
The council had previously found that By Accident’s former operation at Unit 16 on the same trading estate had adversely affected the neighbourhood with the emission of fumes and odour and it was subject to enforcement action before a proposal to introduce a different flue was refused.
Following By Accident’s further application to move the operation to Unit 11 further away from homes, the council still received objections with concerns about noise from spraying and air pollution with a potential smell from chemicals and claims that it would stop people from keeping their windows open or using their gardens.
Ms Welch claimed the stench would be overpowering and people would not be able to use their gardens and she objected to the moving of a ‘monstrosity of a flue’ from Unit 16 to Unit 11 claiming the consequence for residents would be ‘catastrophic’.
But after the planning committee heard the original source of complaints had related to By Accident’s Unit 16 and it had originally also operated from Unit 11 without complaints it approved the new car spraying operation to be set up at Unit 11 but stressed this would be on the basis of a 12-month review.
Ms Frith confirmed the council took action against By Accident for its original unauthorised operation at Unit 16 which was near to residents but operations and plans for Unit 11 had not attracted any concerns from the council’s Environmental Health team.
But she added that because there are still concerns from residents about Unit 11 even though it is further away, the council is imposing a condition that the operation be subject to verification reports from a certified engineer and that it be assessed after 12 months.
Cllr Barry Bingham raised concerns about the radius of any particles from the flue during still or windy days but Cllr Kate Caulfield pointed out that residents’ worries and anxieties only surfaced when the operation had been at Unit 16.
Cllr Caulfield said: “So for me, personally, the removal back to Unit 11 and the one-year plan on that gives us as much reassurance as we can have.”
Cllr Mick Brady also stated the committee will be relying on the council’s planning department and environmental health team’s expert advice on the matter.
He added: “We will be relying on them to keep an eye on this and if there are any complaints they will be up there.”
Laura Bircumshaw, of By Accident, told the meeting that she understood the residents’ concerns but their previous complaints had related to operations at Unit 16.
Sam Bircumshaw, of By Accident, told the committee the issues had created a huge mental and financial strain on himself, his wife, family and staff and he hoped planning permission would help to re-establish the business and its reputation.
A council spokesperson stated: “The proposed development is considered appropriate in terms of impact and appearance in this industrialised area.
“The application is considered to comply with the requirements of local and national policy as set out in the [planning] report… subject to the temporary time limit to assess the impacts of the use over a 12 month period.”
Planning committee members granted planning permission subject to conditions including that the spray booth and flue be installed and tested by an independent, qualified engineer in terms of noise and pollution and that it be subject to a 12 month planning permission to assess any impacts over this period.
Car Repair Firm By Accident\’S Unit 11, At Whitting Valley Road Trading Estate, In Old Whittington, Chesterfield, Courtesy Of Chesterfield Borough Council
