Washed up: Council powerless to prevent noise
City of Sydney Council is still fighting to shut down an illegal car-wash in Newtown more than a year after winning a court case ordering the car-wash to close.
Andrew’s Petrol Station, formerly known as Sydney’s Car Wash Café, on the corner of King and Angel Streets has approval to trade as a petrol station but not as a car wash.
The business installed car-washing equipment in late 2007 before retrospectively applying for development application (DA) approval in early 2008. That DA was rejected, with the DA assessment from Council stating: “It is considered that the proposal has a significant detrimental effect relating to environmental, social and economic impacts on the locality.”
In September 2008 the Land and Environment Court ordered the business to stop washing cars but it flouted that decision by simply moving the car-washing indoors and asserting that its main activity is serving petrol.
The business also entered a second DA, seeking to retain shade cloths, decking and a fence that were erected without permission.
Local residents opposed to the car-wash have said that the business rarely has fuel available to sell and that the petrol bowsers are a front for the car-washing operation. City News visited the site on Sunday the 6th of December and attempted to buy petrol, but was told that the only fuel available was “E10 unleaded”.
In October 2008 the Council filed a contempt charge against the business owner Daniel Bek. The Land and Environment Court deferred this matter until March 2009. These proceedings have been deferred again until this month.
In December 2008 Council rejected the second DA and the business, with a new name, entered a third DA in early 2009. This was rejected in May 2009.
Local residents have staunchly opposed all 3 development applications, primarily because of excessive noise levels from car washing equipment.
One resident, who chose to remain anonymous, said that the noise was like living next door to a factory.
“There’s noise from a variety of sources, from the industrial water blasters, from the compressors and the pumps that run those, from the sound of the spray coming out of the nozzles and from it hitting the metal sheeting on the sides of cars, from the industrial vacuum cleaners, from staff yelling and tooting horns,” he said.
“It’s really had a big negative impact on the quality of our life”
The resident is particularly frustrated by the Council’s inability to enforce the law.
“It seems the local city council is either powerless or choose not to take any action,” he said.
“They say that they have to let these proceedings run their course, but the proceedings themselves won’t actually … lead to stopping the operation of the illegal carwash.”
City of Sydney Council would not provide any details about whether further action is planned to shut down the car wash. A City of Sydney spokesperson said: “This is a matter currently before the court – it’s not appropriate for the City comment at this time.”
A sign hanging on the front window of the petrol station shop provides a phone number for the new owner Andrew Yani. However, City News has made several attempts to call this number and on each occasion the phone has been switched off.
by Aaron Cook
