Chesterfield Borough Council launches investigation as family business aims to resolve 'stench' claims from newly-installed flue

Accident repair specialists By Accident, on Whitting Valley Road, at Old Whittington, Chesterfield, has been accused by Patricia Welch, of nearby Layton Drive, of setting up a new operation at a newly-occupied unit near homes with a new, big flue which she claims is creating a stench on most days.

However, Laura Bircumshaw, of By Accident, who says the company is not aware of any necessary planning regulations for the flue, said: “We are currently in the process of rectifying this but things do take time.

“We need to make sure everything is right and we are seeking outside help from an independent company to see if there is anything we can change to make it more aesthetic looking.

“And we are looking into it, and its additional planning permission and its additional costs and we are going through all the right channels.”

Ms Welch and neighbours complained to Chesterfield Borough Council but the council explained a ‘permitted use of the property’ remains in place for the business and it has not yet been established whether By Accident needs any kind of planning permission for the flue , however the council’s planning and environmental health teams are investigating the matter.

By Accident is working with the council’s environmental health department to address any possible oversights or misunderstandings, according to Ms Bircumshaw, and it is considering putting up a large fence.

Ms Welch said: “Two men took it over and started building work on the side installing vents, one of which was subsequently replaced with the biggest monstrosity of a flue that I’ve ever seen.

“They then started spraying vehicles. The stench of the noxious fumes has been horrendous, we can’t sit in our gardens, let children or pets play outside, hang out washing or open our windows.”

Residents have been told the alleged smells are being addressed by the council’s environmental health team and should a retrospective planning application be required for a change of industrial use classification and be refused, the council could then consider enforcement.

Ms Welch said: “Myself and my neighbours have been asked by environmental health to keep diaries about how often we can smell the fumes. A lady from environmental health came on Monday and sat in my house for an hour. I opened the back door and the smell came flooding in and my house stank.”

She added: “My neighbours have complained of tight chest, sore eyes, sore throats and headaches due to the emissions . My mental health is suffering as it breaks my heart that I am now unable to sit in my garden or open my windows and nobody seems to care.”

A council planning enforcement officer stated to Ms Welch that claims of smells that require control can fall under a potential statutory nuisance and are dealt with by the environmental health department while the planning authority can only deal with enforcement issues relating to planning legislation breaches – neither of which have yet been established in this case.

Ms Bircumshaw explained By Accident originally rented one of a number of units in the area in 2021 and the business was launched soon afterwards without any complaints before recently expanding by taking on an additional unit which is closer to residents’ homes.

She said: “We do not want any animosity and we are more than happy to work this through and we have even said to environmental health if it is an aesthetic problem we will build a larger fence.”

Ms Bircumshaw stressed there are two other businesses nearby using the same kind of flue and product without any issues and an independent analysis of the company’s flue has shown its relevant emissions are within recommended levels.

She claims operations at this relevant part of By Accident’s business only happen sporadically for about 45 minutes a day and not at all on some days and there have been unrelated odours coming from elsewhere.

Ms Bircumshaw added: “As soon as the council approached us we have done nothing but work with them because we are an established business and have been here since 2022 with no complaints and no issues.”

She said By Accident is working to resolve matters but it takes time and is considering various options – even though it currently has no obligation to do so – including moving the flue to address residents’ concerns.

Ms Bircumshaw said: “We are doing the best we can, as quickly as we can with extreme cost to our business.”

The determined company is continuing to offer residents a chance to be shown around and to meet and resolve the situation but Ms Welch has stated neither she or her neighbours wish to speak with Ms Bircumshaw because Ms Welch feels nothing is being done.

Currently, there has been no confirmation that By Accident needs to submit a retrospective planning application for a change of use or that the company needs to be subject to any enforcement action.

Ms Bircumshaw said By Accident is a small family business and they have worked very hard and hope to be able to pass the company on to younger generations.

A Chesterfield Borough Council spokesperson said: “Despite being vacant for some time the permitted use of this property remains, and our planning and environmental health teams are investigating this matter.

“We are currently in the early stages of an investigation and will work with residents and the business owners to better understand the situation which will inform any required next steps.”