Permanent car spraying use at Unit 11 Whitting Valley Road, Old Whittington, Chesterfield

What was proposed

The application sought permanent permission for the previously approved B2 car spraying use and associated flue.

“ITEM 1 Removal of Condition 1 (temporary use) of application CHE/25/00105/COU (Change of use from light industrial to general industrial use (Class B2) for car spraying and the addition of a flue)- To allow for the previously approved B2 usage of the site to be continued permanently at Unit 11, Whitting Valley Road Trading Estate, Whitting Valley Road, Old Whittington, Chesterfield for By Accident…”

Officer report

The site

The site is an industrial unit among adjoining units, with industry nearby, a vacant plot to the east and housing to the north.

“The application site is an existing industrial unit in an industrial estate. It is part of a block of 6 adjoining units and 16 units neighbouring each other, these are flat roofed single storey buildings to the north of Whitting Valley Road. There are industrial units to the west and south, a vacant plot to the east and housing to the north.”

“A shipping container is located directly adjacent to the side of unit no.11, as well as a 2.4m high palisade fence providing a secure compound to the side.”

Officer report

Earlier permissions

Earlier permissions covered the container, fencing, flue, temporary B2 use and testing, while a fencing application remained pending.

“RELEVANT SITE HISTORY 3.1 CHE/24/00631/FUL - Siting of shipping container, erection of 2.4m security fencing and new flue to stove – Conditional Permission – 14/01/25”

“CHE/25/00431/DOC - Discharge of Condition 3 (Spray booth and flue testing results) of application CHE/25/00105/COU- Change of use from light industrial to general industrial use (Class B2) for car spraying and the addition of a flue – Discharge of Planning Conditions 22/08/2025”

Officer report

Officers’ assessment

Officers considered that the temporary permission had operated without harm to residents warranting refusal and recommended approval with a maintenance condition.

“In deciding to grant planning permission for CHE/25/00105/COU it was considered that the change of use was acceptable in principle. However, due to concerns relating to noise and odours from paint spraying the permission was for a temporary one-year period to allow the details required under condition 3 to be submitted and for the use to be monitored.”

“Given that the details submitted under condition 3 were found to be acceptable and the lack of complaints received prior to the consultation on the current application, it is considered that there are no grounds for the use not to become permanent. As Environmental Health has pointed out complaints about smells/noise can be investigated under the ‘statutory nuisance’ legal framework.”

Officer report

Residents’ concerns

Residents cited smells, noise, other available sites, alleged issues involving Unit 16 and continuing effects on gardens and windows.

“The application has been advertised via letters sent to the same local residents as CHE/25/00105/COU and a site notice; Comments have been received from 4 local residents objecting to the application on the following summarised grounds: - There are other units available in Chesterfield away from residential properties where the use would not disturb local residents - Would be a dangerous precedent to grant one unit to change from light industrial use to general…”

“The applicant has responded to the above representations: - There have been no complaints regarding unit 11 whilst the temporary planning has been in use - We use unit 16 for how it is intended and have not flaunted any planning regulations - All complaints have been logged; these can be checked with Environmental Health and Planning and will show evidence that all claims made were disregarded and irrelevant to us as a business - No noise complaints have been made for unit…”

Officer report

Who spoke

An objector and two applicants addressed the committee.

Members’ discussion

Members discussed potential air pollution, noise, the independent inspection report and future Environmental Health support.

“The Committee considered the report and concerns raised around the potential air pollution, noise and the Independent Inspection Engineers report. It was understood that residents would be able to receive support from Environmental Health if there were to be any future concerns.”

Minutes

The vote

Councillor Stone moved and Councillor Yates seconded a motion to uphold the officer recommendation.

“It was moved by Councillor Stone and seconded by Councillor Yates that the officer recommendation be upheld.”

Minutes

The decision

The committee upheld the officer recommendation and granted permission subject to the conditions in the officer’s report.

“That the officer recommendation be upheld, and the application be GRANTED, subject to the conditions outlined in the officer’s report.”

Minutes

The condition

The spray booth and flue must be maintained in accordance with the approved details, protecting nearby properties’ amenities.

“The spray booth and flue shall be maintained in accordance with the details approved under CHE/25/00431/DOC”

“Reason - To protect the amenities of the local properties in accordance with Policy CLP14 of the Local Plan.”

Officer report