A woman who said she 'wasnt' going down without a fight' has won a long-running planning battle to use a £20,000 backyard cabin as a creche. Holly Fitzsimons, 27, had been embroiled council enforcement action against a timber outbuilding used for her Little Oaks childminding business.
But the mum-of-one from Ingleby Barwick, Stockton-on-Tees, North Yorkshire, has won her fight after an appeal to the planning inspectorate overturned the notice and secured planning permission for the wooden outhouse. A retrospective bid to change the use of the cabin was refused by Stockton Council in 2020, TeesideLive reports.
The authority launched enforcement action to stop the Malham Grove building’s being used to host youngsters in the aftermath. Ms Fitzsimons spent thousands of pounds on overturning the decision - arguing she’d received mixed messages on permission needed for the cabin.
The mother-of-one was thrilled with the inspector’s verdict and thanked everyone who had supported her. Ms Fitzsimons said: “I am over the moon it’s finally over.
"I wasn’t going down without a fight.” She added: “I knew I was right from the beginning - that’s the frustrating thing.”
In its initial refusal, the council argued the building had been created “for the sole purpose of being a child-minding facility”, and therefore needed permission in its own right. Planning inspector Roy Merrett agreed a “change of use” of the building had occurred - and that the main use of the cabin was for the childminding business.
But he didn’t agree the cabin was “out of character” with the neighbourhood, nor did he believe noise from youngsters would bring harm to neighbours. Mr Merrett also believed planning conditions could limit attendance of children at the cabin to no more than six - adding it would not be inconsistent with the noise created by a large family.
His report also concluded the cabin’s use would not bring highway and pedestrian safety problems - nor did he believe it would bring “significant enclosure” after concerns from a neighbour. Conditions in return for the permission will see a requirement to widen the property’s driveway in the next three months to accommodate visitors.
Hours will be limited from 7.30am to 6pm Monday to Friday, with no business opening at weekends. No more than six children will be allowed to attend at any one time.
In response to the decision, Cllr Nigel Cooke said each planning application was determined on its own individual merits. The cabinet member added: “While we are disappointed with the national planning inspector’s decision, we are pleased the inspector recognised that the current operations of the business were beyond a reasonable level.
"We accept the decision and will be writing to the business owner with advice on how best to operate within the imposed planning conditions.” Ms Fitzsimons said most of the conditions laid down were general - and the business already stuck to the opening times anyway.
She also revealed her hopes for the coming years. “Hopefully I find a bigger space in the future,” she added. "Within the next five years, I’d like to buy somewhere and have a proper nursery.”
