Planning row over walkers' and cyclists' cafe on Yorkshire farm after it opened without permission

Annabel's on Loversall Farm, near Doncaster, opened in 2020, yet the owners did not already have planning permission for a change of use of their land from agricultural to a takeaway food and drink outlet aimed at walkers and cyclists using a nearby footpath.

The Lee family subsequently applied for retrospective permission - but Doncaster Council planning officers have recommended that the proposal is rejected by councillors after concerns were raised about traffic, litter and the impact on wildlife at two lakes near to the farm.

The farm is on low-lying marsh land close to the Great Yorkshire Way, the iPort rail freight terminal, the M18 motorway, an Amazon distribution centre and the new Dominion housing estate. The lakes were recently constructed to boost biodiversity as a condition of approval for the iPort scheme, which was considered a major development, and the council is negotiating for the site be externally managed by the Yorkshire Wildlife Trust.

In council planning documents, officers describe the cafe as 'an unauthorised change of land use and an unacceptable development within the Green Belt without special circumstances.'

They argue that the crowds attracted to the cafe could have an adverse impact on the ecology of the new wetlands and the nearby Potteric Carr nature reserve, which is owned by the Yorkshire Wildlife Trust.

The Lees stated that the portable buildings occupied by the cafe did not constitute a permanent structure and could be relocated, and added that the cafe had no parking and was targeted at customers arriving on foot or by bike.

They also claimed that the cafe had been an asset during lockdowns, when more people were walking and cycling in the area, that it had enabled the new lakes to become more accessible, that they provided toilet facilities and that the business was an opportunity for the younger generation of the family.

Seventeen comments of support were received in favour of the cafe, including a representation from a local cycling club, the Braithwell Bikers. Three objections were received from members of the public and there was also 'firm' opposition from Loversall parish council, who argued that the cafe is 'generating more traffic in pursuit of coffee and cakes' rather than exercise, and that the area is not geographically remote enough to require refreshment facilities.

Concerns centred around vehicles using an unsuitable farm track, Hall Balk Lane, to access the cafe, while residents of both Loversall and the Dominion estate complained of residential streets being used for parking.

Other issues raised included a lack of litter bins on the footpaths leading to and from Annabel's, and increasing disturbance to wildlife in an area that had already seen issues with anti-social behaviour from illegal jet skiers and quad bikers.

A petition opposing the cafe was signed by 51 residents of the Dominion estate who had witnessed issues with parking, and a neighbouring farmer also objected, complaining that he had experienced gateways being blocked by parked vehicles, walkers trespassing on his land and dogs being taken into his farmyard.

The Yorkshire Wildlife Trust submitted their opposition on the grounds that the increase in visitors could jeopardise the success of the new lakes during their establishment period as a habitat for nesting birds. The charity indicated that they expect to take over the management of the new wetland site themselves on a 999-year lease within the next few months.

The council report indicated that as the lakes had not been intended for leisure use, access to them could be restricted in future.

The document states: "The lakes that the applicants claim are for leisure use, and which the applicant states the café provides facilities for, are not intended for this. The lakes were approved as biodiversity offsetting to provide ecological enhancements as mitigation for the loss on the iPort development. They are not a leisure destination.

"Although people are walking around the lakes, Yorkshire Wildlife Trust will be looking at managing this in the future as this is private land and there is no public right of way, thus the current use is trespassing and there has been no assessment of the impact of this on these habitats.

"There has also been some anti-social behaviour of using the lakes for recreational uses such as jet skis and quad biking that the YWT will be looking to restrict and control as this will disturb these habitats and is not the intended use of the lakes. YWT feels the café encourages this unauthorised use by promoting walking around these habitats and creating a destination for people to come to from far and wide.

"Most importantly, the lakes are not owned by the applicant and thus they cannot provide a guaranteed leisure use associated with their proposal. The YWT or iPort could, if they wished, enclose the lakes to protect them for the wildlife and again there would be no associated leisure use for the café as these are ecologically important lakes.

"There are also claims that the café is associated with the public right of way used by walkers, runners and cyclists. This is an adopted public right of way and has had permission to allow a link between the iPort and Balby and there is a public right of way that also runs down towards Loversall. These again run outside the lakes and not around them all, to protect the habitats. However the provision of public rights of way across the countryside is not a reason to provide a café in the open Green Belt. If every public right of way used this justification the Green Belt would be littered with cafes and restaurants."

The application was due to be heard before a council planning committee on January 5, but it was withdrawn by the Lees' agents on January 4.

The owners of Annabel's have since announced on the business's Facebook page that the cafe is closed 'until further notice' due to the current lockdown situation.

"It is with great sadness, due to the recent announcement, that Annabel's will be closed until further notice. This is to do our part in respecting the lockdown being enforced to reduce the spread of Covid-19.

"Thank you so much for all your custom over Christmas and throughout this crazy year. It’s been a tough call this one, as we are allowed to remain open as planned, but looking at how busy we have been due to lockdown, we think it would be an insult to those working so hard to deal with the pandemic. Please let us take this opportunity to wish you a very happy new year and see you later in 2021, for a summer full of open air tables and ice creams."

The owners have been contacted for further comment on the future of the business.