A mum is facing a £7,000 fight with her local council over the use of a timber cabin as a creche she runs which has become the focus of a planning dispute.
Holly Fitzsimons, 27, has used the timber outhouse to run her childminding business Little Oaks for over three years from her mum's back garden in Ingleby. However, in 2020 there was a change of use application to Stockton Council which was refused.
Due to its continued use, it resulted in enforcement action from the authority which Holly, the mother of a six-month-old daughter, has vowed to oppose with an appeal to the Planning Inspectorate. TeessideLive reports that trouble arose when Holly got mixed messages on the planning permission for the timber building.
Read more: Warning over 'hidden charge' for hosting Queen's Platinum Jubilee street party
So far, it is reported that Holly has spent £7,000 in fees to mount her opposition to the council’s stance. Speaking about the situation, the business owner called it "ridiculous" that the authorities are going after her.
She said: "I know the council are happy for me to child-mind - and they’re saying the building (itself) is permitted. But I thought I wouldn’t need planning permission.”
The timber outhouse was built in 2018 and cost a whopping £20,000. Inside, it has a kitted out kitchenette and play facilities for the children.
Speaking to the Local Democracy Reporting Service, Holly explained that the outhouse building was used by the children during playtime. Holly also explained that the family home, which is nearby, was used for other activities and naps.
At first, Holly was told by officials that she would not need any extra planning permission for a "change of use" at the outhouse. However, staff at the council then informed her this wasn't the case.
Holly continued: "It’s frustrating as you can imagine. I’m only trying to child-mind and look after my community.
"But they’re trying to bring me down to be honest. My point is - what’s the difference between a shed at the back and a conservatory in a house?"
The mum-of-one has admitted she is not willing to move her Little Oaks business unless authorities find her another place to continue her work. She continued: "They’re trying to say we’re using the timber building purely for business - but we use the house alongside it.
"My points to them are I don’t even open 12 weeks of the year so I’m not even at the premises with the children (then). Second of all, the home is used for napping, eating and downtime and, with children, that can take a long time."
Holly stated that the amount of time the children play in the building isn't very long "at all". There were two objection letters from neighbours when the change of use application was drawn.
Some of the concerns were regarding nearby traffic on Fountains Avenue while the other concern was to do with the noise from the children. In the refusal, the council had argued that the building had been created "for the sole purpose of being a childminding facility".
This meant that it would need permission in its own right, however, there were no objections from council environmental health or highways departments. Holly admits she did not agree with the final verdict as she said the outbuilding was also used for family gatherings.
She said: "People have bars and pubs in their garden which are lairy - this is quiet, and on some days you’ll only have one or two children."
The business owner shared that there had been a "significant" sum of money spent on a side door to the cabin. However, this has now been fenced off to stop access from Fountains Avenue.
A spokesperson for Stockton Council said: "A retrospective planning application for the change of use of a rear timber outbuilding for a child minding business was refused in 2020. The applicant did not appeal that decision.
"The council recently served an enforcement notice requiring the use of the outbuilding for a childminding business to be ceased. This notice has been appealed and the appeal will now be determined by the Planning Inspectorate.
"Officials say the requirement to comply with the enforcement notice has been suspended for now pending the result of the appeal."
