Follow-up: Tackling the Caxton Street North Car Wash Noise Issue

At Newham Full Council on 13th July, Cllr Rohit Dasgupta put the following question to the Mayor, Forhad Hussain, on the ongoing noise disturbance caused by the hand car wash on Caxton Street North:

Question 4 from Cllr Rohit Dasgupta to Mayor Forhad Hussain

I have been contacted repeatedly by residents regarding the hand car wash on Caxton Street North, which continues to operate outside what were previously restricted hours, causing significant and ongoing noise disturbance to nearby homes. Despite extensive evidence submitted over several months, the Planning Enforcement Team has concluded that, due to the passage of time, the original planning condition limiting operating hours is no longer enforceable, and the case has been closed. This outcome is deeply unsatisfactory for residents, particularly given the area’s transition into a predominantly residential neighbourhood and the clear impact on quality of life. The Mayor has taken some great steps already about enforcement for which I am grateful. Can the Mayor set out what further action the Council can take, including whether alternative powers such as environmental health, licensing, or review of planning status will be used to address this ongoing nuisance and protect residents?

Published Response

Noise Nuisance (Commercial Noise): In order to investigate the complaints, the team will offer the use of the council’s noise monitoring equipment. The equipment can be set up in a home and left in place for up to a week. The equipment measures that noise level continuously but will only record the audio when the occupant activates a remote control, the equipment will then record 5 minutes of audio. Those 5-minute audios are analysed to confirm that the noise complained about is what has been captured and then to determine noise levels and frequency content etc. If any of the complainants would like to go ahead, we would urge them to contact us as soon as possible as the equipment is limited and we need to schedule its use. We understand that sometimes there is a reluctance to have officers in the home or setting up equipment, but we feel that this is the best route forward.

Planning Enforcement: Following a full investigation into the history and use of the site, it has been established that the hand car wash has been operating outside the hours permitted by the original planning permission for a period substantially exceeding ten years. Under planning enforcement legislation, breaches of planning control become immune from enforcement after a prescribed period. As the unauthorised operating hours have continued for more than ten years, the Planning Enforcement Team no longer has the legal authority to take enforcement action to restrict or control the hours of operation.

Having followed this issue closely, I want to set out for residents where things stand — and, importantly, what I believe should happen next.

What the Mayor’s response confirmed

The Mayor’s answer confirmed something residents will find frustrating: because the car wash has been operating outside its permitted hours for more than ten years, the breach is now immune from planning enforcement. In practical terms, this means the Planning Enforcement Team can no longer use the original condition to restrict the hours of operation, however clear the impact on nearby homes.

The response also offered residents the use of the Council’s noise monitoring equipment — installed in a home for up to a week, activated by residents themselves to capture up to five minutes of audio when disturbance occurs. This is a genuinely useful tool, and I would encourage any affected residents to take it up as soon as possible, since availability is limited.

Why the planning route isn’t the end of the story

Planning immunity closes off one avenue, but it does not mean the Council is powerless. There are at least three other routes worth pursuing in parallel, and I will be pressing officers on each:

1. Statutory nuisance (Environmental Health)

Noise disturbance can be assessed independently of planning history under the Environmental Protection Act 1990. If Environmental Health officers — using the evidence gathered from the monitoring equipment — determine that the noise amounts to a statutory nuisance, the Council can serve an abatement notice requiring the operator to reduce or stop the noise, regardless of whether the original hours condition is enforceable. This is likely the strongest remaining lever, and I want clarity on whether this is now being actively pursued, not just offered as a data-gathering exercise.

2. Community Protection Notice (CPN)

Separately from both planning and environmental health, the Council has powers under the Anti-social Behaviour, Crime and Policing Act 2014 to issue a CPN where conduct is persistent, unreasonable, and detrimental to the community’s quality of life. This doesn’t require proving a formal statutory nuisance and could be used to address the pattern of disturbance directly.

3. Fresh planning scrutiny of other issues on site

Immunity applies specifically to the historic breach of operating hours — it does not automatically protect every aspect of the site. If there has been a material intensification of use, unauthorised structures, drainage or wastewater issues, or changes not covered by the original permission, these could be assessed as new, separate matters not subject to the same ten-year immunity.

What I’m asking the Council to do

I will be pressing the Council, alongside Cllr Dasgupta, to confirm:

• Whether Environmental Health is now taking the lead on this case, given planning enforcement is closed off;
• A clear timeline for assessing noise evidence and, if appropriate, issuing an abatement notice;
• Whether a CPN is being considered as a parallel or backup measure;
• Whether the site has been reviewed for any other planning breaches not covered by the ten-year immunity.

What residents can do now

If you are affected by noise from the car wash, I would strongly encourage you to volunteer your property to host the Council’s noise monitoring equipment. The evidence it produces is central to building a statutory nuisance case, and equipment availability is limited, so early contact matters. I’ve also opened a petition calling on the Council to issue a Community Protection Notice, investigate the noise, and review the site for other planning breaches — you can do both on the Caxton Street North car wash campaign page.

I know this has dragged on for residents, and I share the frustration that a legal technicality has closed off the most direct planning remedy. I will keep pushing on the alternative routes above and will update this page as I hear more from the Council.

— Cllr John Morris