Stockton childminder wins planning row over cabin use

Holly Fitzsimons, with daughter Hallie, has run her business from her mother's home for three years

A childminder has won a planning battle with her local council over the use of a garden cabin for her business.

Holly Fitzsimons faced enforcement action after retrospective permission for the wooden outhouse was refused.

The 27-year-old, of Ingleby Barwick, argued she had received mixed messages over what was required and the Planning Inspectorate agreed in her favour.

Stockton Borough Council said it was "disappointed" and each application was determined on its own merits.

The mother of one has run the Little Oaks creche from her mother's home for more than three years.

A bid for retrospective planning permission was refused by Stockton Council in 2020, the Local Democracy Reporting Service said.

In its initial refusal the council argued the building had been created "for the sole purpose of being a child-minding facility", and needed permission in its own right.

It launched enforcement action to stop the £20,000 timber structure being used for the business and Ms Fitzsimons appealed.

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.

However, he did not agree the cabin was "out of character" with the neighbourhood, nor did he believe noise from youngsters would bring harm to neighbours.

'Over the moon'

Mr Merrett said he 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.

Ms Fitzsimons, who has spent thousands of pounds on overturning the decision, said she was "over the moon".

"I wasn't going down without a fight," she said.

"I knew I was right from the beginning - that's the frustrating thing."

Conditions in return for permission will see a requirement to widen the property's driveway in the next three months to accommodate visitors.

No more than six children will be allowed to attend at any one time and hours will be limited to weekdays.

Nigel Cooke, who sits on the council's cabinet, said the authority was pleased the inspector recognised 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," he added.

Ms Fitzsimons said the business already stuck to the opening times.

"Hopefully I will 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."