Call for council to get tough on Dudley car wash trading without permission

In October 2025, 5 Star Hand Car Wash on Birmingham New Road lost an appeal against an enforcement notice from the council.

Despite the order to close being upheld by the Planning Inspectorate the car wash continued to operate and Upper Gornal and Woodsetton councillor Adam Aston says it is time for the council to act.

Cllr Aston said: “When the car wash opened, I was inundated by local residents concerned about the impact this would have, particularly with regards noise nuisance, poor drainage and the potential for cars queuing onto the dual carriageway.

“Dudley Council refused the planning permission which led to a protracted appeal process, finally this appeal was lost late in 2025 so I am absolutely furious that despite this, the car wash and sales pitch is not only operating but there also appears to be building work taking place on site.

“I’m calling for proper enforcement and the strongest possible legal action in the form of an enforced closure given this clear breach of planning law.”

The site occupies the former Tomlins Used Car Centre, back in December 2023 the council refused an application for a change of use and accepted a conclusion from planning officers that a car wash on the site would cause significant harm to ‘neighbour amenity, visual amenity, highways safety and parking, land stability, as well as flood-risk and drainage’.

The business remained and the enforcement notice was issued in July 2024.

An appeal against the notice was lodged on a number of grounds including shipping containers used as offices did not constitute permanent buildings and that car washing was a secondary business to car sales on the site.

In rejecting the appeal, planning inspector Paul Dignan said: “While shipping containers are designed to be transported from place to place, and technically it may be true that the structure would be moveable, the presence of concrete steps and additional cladding to seal off the void underneath, along with connection to services and signage, suggests it is likely to remain in one position on the site for a considerable period of time

“Most of the activity on the site appears related to the car wash/valeting.

“There has therefore been a material change of use, which is development that requires planning permission.”

The appeal decision notice from last October sets a period for compliance of one month and Cllr Aston says the time has come for ‘the strongest possible action’.

Dudley Council has not responded to requests for comment from the Local Democracy Reporting Service (LDRS).

An email from a planning officer at Dudley Council dating back to October 2025 and seen by the LDRS said: “The Planning Enforcement Team will monitor for compliance in the coming weeks.

“If the notice is not complied within the period as stated in the appeal decision then prosecution may be considered.”