A car body repair shop, which was prosecuted by Waverley Borough Council for failing to control bad smells, had its appeal to overturn the conviction dismissed.

Katz Auto Services, in Critchmere Lane, Haslemere, was found guilty of breaching the requirements of an abatement notice at Guildford Magistrates’ Court in June 2016, following an extensive investigation by the council, which found the odour, from vehicle spraying equipment and an oven, was upsetting residents of neighbouring properties.

The company lodged an appeal against its conviction and sentence, which was dismissed by Guildford Crown Court, last Thursday.

The court allowed the appeal against the sentence, however, and reduced the fine from £5,000 to £3,000, with compensation remaining at £3,000.

The company was ordered to pay £600 each month from Thursday, February 16, until the sum is paid.

Borough councillor Jim Edwards, Waverley’s portfolio holder for environment, who represents the town, said: “I am very happy the court dismissed the appeal to overturn the conviction.

“The court emphasised the fine ought to have been in the region of £10,000, but had been lowered in view of the company’s finances.

“While the council will always try to work with businesses to resolve issues, offenders need to be clear that Waverley doesn’t tolerate behaviour that causes environmental health issues for neighbours and surrounding communities.

“We will not hesitate to prosecute those who cause misery for residents, who just want to enjoy living in the borough.

“I’d also like to congratulate Waverley’s professional environmental health and legal officers who worked on this case; they are committed to protecting the health and well-being of Waverley’s residents.”

Responding for Katz Auto Services, company director Deborah Dredge said: “We are glad to have arrived at a final conclusion in the case, which has resulted in a reduced fine. The court accepted Katz had made many significant improvements to the garage, but still felt that we should move our spray booth chimney further away from the boundary with our neighbours.

“This requirement to re-site the chimney was set down because of differences in land levels between the garage and the neighbouring households, albeit that the current position met the 15m distance guidance sought by DEFRA.

“We now plan to do this, subject to receiving planning consent, along with the full approval and guidance from the environmental department.

“Our water based products are all compliant and are proven not to be harmful to health, even if our oven was running 24 hours a day, seven days a week. What we do need to ensure, is it will not be a nuisance to nearby neighbours.

“We have already spent thousands of pounds complying with Waverley Borough Council, and have paid a very high price financially for a small company.

“We fully intend to carry on with our business and have our mechanical services and MoT facilities to enable us to move forward with the business.

“We now look forward to a constructive relationship with Waverley, and hopefully our neighbours in the future. The garage has operated from the site since the 1930s and has included a paint shop since the 1950s. Waverley gave planning permission for the houses to be built very close to the site’s boundary in the 1980s in the full knowledge of the commercial uses that existed.”