Ref. 28590-08A car lot running in a back garden without planning permission for at least three years may soon be wound up.

One family say they were driven out of the area because the car lot, behind 263 Crick-lade Road, Gorse Hill, was ruining their lives.

Mark Buckle, 36, moved into 269 Cricklade Road, three doors away from the car lot, eight years ago.

But last February he, his partner, Mary Curtis, 33, and their children, Nicholas, nine, and Emily, six, relocated to Dauntsey, near Lyneham.

Mark said: "Imagine 20 cars being cold started every morning. The fumes were overpowering and the engines made a terrible racket.

"The language we heard was pretty blue too. We couldn't raise our children in that environment."

The family, along with other residents, complained to Swindon Council.

Mark said: "It just got worse. We lost all our privacy. Even on Sundays, people would be looking at cars and have full view into our back garden. In the end we left."

Pauline Cummins, who has lived at 265 Cricklade Road for 25 years said: "This is my home. It's outrageous to have a garage forecourt next to your back garden.

"I cannot grow vegetables anymore and cars are parked all over the place."

For her the nightmare started 15 years ago, when Michael Delvecchio bought number 263. Mr Delvecchio, 56, who runs M and D Motors, in Stratton Road, built a large garage in the back garden and started storing cars there.

He sold the house nearly ten years ago, but held on to the rear land and continued using it to store cars.

Three years ago Mr Delvecchio rented the land out to car salesman Lee Hill, who turned the site into D and L Car Sales.

Mr Hill understood that planning permission was being sought to allow the garden to become a car lot.

Last summer he realised it was unlikely to be granted and relocated his business to Marshgate Industrial Estate, off Drakes Way.

He said: "I found out planning permission had been refused before, so decided to go before I was told to.

"But the business wasn't causing any problems for neighbours.

"Some of the residents blanked me. But I was always willing to move cars if they were in the way."

In July Mr Delvecchio then rented the land out to Steve Cox, who set up Bargain Cars and S and J Mobile Valeting Service.

Mr Delvecchio applied to the council for a certificate of lawfulness, claiming that as the land had been used as a car lot for ten years it was therefore lawful.

His application was refused and he was served an enforcement notice, giving him three months to get rid of the car lot.

Mr Delvecchio appealed against the decision and a public inquiry was due to take place on Tuesday. But he has since withdrawn his appeal and agreed to stop renting the land out as a car lot.

Mr Delvecchio said: "I was not aware of the problems it was creating until recently. After contacting my lawyer I have decided to withdraw my appeal because it is not worth it. I will use the land for something else."

Mr Cox, 40, fears his livelihood hangs in the balance.

He said: "I have a house to pay for and family to feed, so this is stressful. I will start looking for alternative places to trade."

Pauline Tilley, the planning enforcement officer at Swin-don Council, said: "Mr Delvecchio was in breach of planning law but is withdrawing his appeal. He will be given a reasonable time to wind up the business."

Victoria Tagg