A mum has finally won a heated dispute over her keeping her £20,000 backyard cabin crèche running, after being made to feel like a 'criminal'.
Holly Fitzsimons, 27, was embroiled in an argument with council enforcement action against a timber outbuilding used for her Little Oaks childminding business, after a neighbour reported her for using the side gate in her own garden.
Earlier this year, the crèche owner was left fighting the dispute in the heart of Teesside suburbia.
The timber outbuilding in Ingleby Barwick triggered enforcement action from the authority after its continued use as a venue for a child-minding business.
Prior to even building the shed, the business owner said she followed procedures and contacted the council, who informed her she did not need planning permission to build it.
However, following a complaint from her neighbour, Holly said the council then told her she did in fact need permission - and shockingly, that they would seize the property.
The mother-of-one ended up spending a total of £7,000 battling Stockton Council after a retrospective bid for permission was refused in 2020.
The authority even went as far as launching enforcement action to stop the buildings being used for the business.
Now, the 27-year-old, who cared for key worker's children during the pandemic, has won her fight after an appeal to the Planning Inspectorate overturned the notice and secured planning permission for the wooden outhouse.
Ms Fitzsimons said: “I was made to feel like a criminal. Every time I received a letter I was anxious that it was the council.
"It was horrendous. I spent a total of £27K on the building and the battle. I could have spent that on my mortgage or on my daughter.
"It went on for three and a half years, it was very stressful."
She continued: "I was pregnant during some of the dispute which added extra stress.
"People have bars in their back garden without planning permission but mine was for a childminding business.
"I could understand if it was a night club or loud but it was used during business hours or for family at the weekends.
"This is my childhood home and the neighbours who complained have been here for a few years. They asked us not to use the side gate and we stopped, it hasn't been used for around three years."
Speaking about how the council should have done more in order to provide her with the correct information in the first place, she said: "The council should be helping local businesses, especially ones that aid the community like we did during Covid.
"I've never had any issues with other neighbours and most of them didn't complain about cars being in the street or the shed. It doesn't restrict anyone's view either."
Disturbances arose following mixed messages received by the council.
In its initial refusal, Stockton 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.
The smart timber-clad outhouse was built in 2018, costing £20,000, and features a kitchenette and play facilities.
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.
Despite the neighbours claims that the cabin was 'out of character', the planning inspector disagreed with this. He did not also believe that noise from youngsters would bring harm to neighbours.
In order for the business to continue running, Ms Fitzsimons will have to adhere to new conditions.
These include widening 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.
Nigel Cooke, a councillor at Stockton Council, said: “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.”
