A one-woman Angus business says she been left “gutted” by a council decision to ban her from offering customers soup and a bacon roll at her garden shed cafe.
Kerry Todd lost an appeal to Angus Council’s planning review committee against the lack of an odour extraction system at her Chapelton Cakes and Candles business.
It grew from an ‘honesty shed’ Kerry set up at her old schoolhouse home in the countryside near Arbroath.
Chapelton has become a magnet for everyone from dog walkers to fundraising motorcyclists.
But a planning ruling has thrown the business’s future into doubt.
It comes after council chiefs told Kerry she needs an odour extraction system similar to a town centre takeaway.
She says she can’t believe there’s a worry over smells from the tiny operation when some of her closest neighbours are a field of pigs.
Granny’s cakes and traybakes
Kerry, who served in the Royal Navy, said: “When lockdown came I opened it up as an honesty shed, selling traybakes and cakes.
“My granny was a school cook and I just thought there was nothing like that going about.
“It’s in what was the playground of the old schoolhouse and it’s really taken off.
“But it’s still just cakes, coffee and things like that.
“It’s not like were a big pizza or kebab shop, open all hours.
“All I want to do is be able to offer people things like bacon rolls, chips or a bowl of soup.”
Angus Council hearing
But Angus development management review committee upheld a council ruling banning her from offering anything hot.
The shed has an extractor fan but environmental health officials say it is not enough.
Kerry, 47, added: “I would like to think the council would try to support small businesses in every way they can but it doesn’t seem like that.
“I’ve asked for clarity on exactly what we can and can’t sell, but no-one seems to be able to tell me.”
The mum-of-two’s planning application received more than 20 letters of support – and no objections.
And it included a letter from one of her two nearest neighbours.
Her Facebook page has almost 2,000 followers and has been flooded with messages.
“We’re right out in the country and the field opposite has pigs in it.
“I don’t think we’d be making much of an odour nuisance compared to that.”
Unanimous decision on Chapelton Cakes and Candles
Monifieth and Sidlaws councillor Heather Doran said: “It sounds like a well-loved small business with excellent cakes and coffee.
“But we’re being asked to discuss the conditions on the planning approval.
“For me, they are acceptable. I don’t think it would be acceptable for us to approve hot food without the conditions attached.”
Cllr Kenny Braes said: “I don’t have any problem with the business operating where it is.
“But there have to be conditions on it to reduce noise or smells for the amenity of neighbours.”
And DMRC chairman Bill Duff rounded off the unanimous ruling.
He said it was similar to a case the committee considered just before in relation to an unauthorised woodburning stove in a Carnoustie summer house.
“It’s not a high level of nuisance, but there is the potential of nuisance,” said Montrose councillor Mr Duff.
“If you want to run a business there are certain standards you have to reach to avoid nuisance to your neighbours.
“We’ve got to look at the application in front of us, and that application doesn’t have abatement equipment.
“I’d reject the appeal – planning have got this correct.”
Conversation