A Sunday at the Car Wash
"There are two sides to every story". This old adage came to mind recently in light of the Car Wash which was situated on the Hampton Court Way. The operation had to be closed down and many residents questioned that action, feeling aggrieved, because they appreciated the excellent service being offered. Everyone admired the enterprise, enthusiasm and hard work of the young people who operated the service. However, there was indeed another side to this particular story.
The Car Wash began operating from the Lamb and Star Public House Car Park in approximately January 2004 - the operation was unauthorised. The Car Park area was sealed off with a high metal fence, a very large container was installed together with a canopied structure. Several large, obtrusive notices advertising the service were placed on the perimeter. All these measures were unauthorised and caused particular concern because of its proximity to the Weston Green Conservation Area.
When the Council became aware of the situation they contacted the owners of the Public House requesting that the unauthorised use cease. The Council advised and encouraged the operators to make an application for planning permission but no retrospective application was received at that time. The unauthorised operation continued and, in June 2004, the Council felt compelled to take enforcement action. The issues were complicated; displacement of car parking; highway safety concerns; the effect on the Conservation Area; and the harmful effect on the amenity of neighbours. The impact being witnessed at the front of the operation was obvious but the environmental impact being experienced behind the Car Wash, although major, was not apparent to an onlooker. A once quiet and peaceful cul-de-sac was now being subjected to intermittent jet-spraying and customer/operator "banter" from early morning to evening - 7 days a week. It became necessary to keep all the windows permanently closed and it was impossible to enjoy the gardens. There was no respite at weekends - a time when residents should be able to relax! One house was particularly affected - not only by the constant noise and smell of cleaning materials but also by the water which permeated the rear walls of the property. An Abatement Notice was served by the Environmental Health Division. The Public House owners lodged an appeal against that enforcement notice to the Secretary of State. Almost simultaneously they also submitted a retrospective Planning Application. This application addressed the environmental issues but unfortunately, its implementation would have worsened the congestion in the slip road and highway safety would have been compromised. It was subsequently refused.
An independent Inspector conducted a public hearing on 30th November 2004, attended by both Ward Councillors, and several residents. Several professional bodies acting on behalf of the Car Wash submitted evidence. Elmbridge Borough Council officers, your Ward Councillors and some local residents also gave evidence. The Inspector's Appeal Decision was received 31 Dec 2004 wherein the Inspector upheld the enforcement notice. This decision is available for public inspection at the Civic Centre. The Inspector was mindful of allowing sufficient time for the Car Wash to find alternative premises and agreed to the appellant's request of 3 months - 31 March 2005. Although photographs and reports in the local press indicated that the Car Wash had closed down - this did not actually happen! A second Planning Application was refused. Despite much advice and help from EBC the illegal operation continued. The enforcement action and the Inspector's decision to close on 31st March were both disregarded. The Council therefore, had no alternative but to take out an Injunction. On the 9th June 2005 solicitors, acting on behalf of the Car Wash, conceded the Injunction and the operation ceased ten days later.
It is hoped that residents now appreciate why it was necessary to take such decisive action against this unauthorised use. The Council has a responsibility to protect the rights and amenities of all its citizens.
Residents will be pleased to learn that the Car Wash operators have now submitted a Planning Application to relocate their operation to another part of the borough. We wish them every success!
Tannia Shipley.