Peter Madden at Mr Chips mobile chippy in Ruyton XI Towns.

A mobile chip shop owner claims he is being penalised after complaints over his van being parked outside his home on the Shropshire/Powys border.

Peter Madden parks his Mr Chips, Nippy Chippy van outside his home, Newport House in Llanymynech, and stores food and waste oil on the site. Now there are calls for an enforcement notice over the practice.

There have been a number of complaints. They include the smell of the waste oil and noise generated by the large fridge at the side of the property.

An investigation was launched by environmental health and planning officers and now Oswestry Borough Council members are being urged to issue an enforcement notice against the practice.

A report to go to the development control committee meeting on Tuesday says officers found Mr Madden was using buildings at the rear of his home to house two more freezers for food storage, he had trade waste bins on site and his used oil was disposed of by a company that collects it.

It adds he also has deliveries to the property each Tuesday and Thursday involving boxes of fish, chicken and kebabs.

As a result, planning officers say a change of use had occurred. But the report adds: “The likely outcome of any planning application for change of use would be unlikely to be looked upon favourably.”

It adds Mr Madden was advised to remove all equipment and materials, including the van, by February 24 but after a site visit this month, officers found all equipment, trade bins, freezer and chip van were still in place.

They have now recommended councillors issue an enforcement notice requiring the “cessation” of the use of the premises in connection with the business and all goods and equipment should be removed within three months of a notice being issued.

But Mr Madden said he felt he was doing nothing wrong and was being penalised for running his own business.

He said: “It is hard enough for small businesses at the moment without local authorities making life harder for us. The van is parked off the highway on my own premises and never operates from there.

“I bought the freezers on the advice of environmental health officers. But now the council says it wants them removed. One department is telling me to one thing and another is telling me that by doing that, I am in the wrong.”

Mr Madden said a waste bin installed at Newport House was also put in on the advice of the council.