The award-winning Kemnay Farm Shop has lost a dispute over noisy fridges, which neighbours claimed kept them awake at night.
The Aberdeenshire store was ordered to switch the appliances they use to store produce off by council bosses following an investigation.
It later emerged the outdoor refrigeration also did not have planning permission with officials also serving them with paperwork saying they had breached planning rules.
Owners Steven and Michelle Clark appealed the planning decision to the Scottish Government, asking them to overturn the notice, but have now lost their battle.
The couple had initially warned the fridges would threaten the “economic viability” of the shop – but have now vowed to fight on.
They have been given six months to find alternative cold storage facilities for their produce.
Now the couple, who employ 12 staff, will have a major rethink of their business – which won best farm shop at Scotland’s Business Awards 2022.
History of dispute about noisy fridges
Kemnay Farm Shop gained praise for providing free lunches to children during the pandemic, and Mr Clark said it has become “the heart of Kemnay”.
But earlier this year, Aberdeenshire Council served the farm shop with an official notice over complaints about an “intermittent tone” coming from external fridges.
Neighbours told officials their sleep had been disturbed by fridge noise coming from the shop’s storage spot.
It is understood the noise intensifies during warm weather and eases off when conditions are colder and it is easier to cool the fridges.
Originally the couple were given just two months to remove the fridges.
And while the Scottish Government rejected Mr and Mrs Clark’s appeal, the reporter has given them six months to seek an alternative solution.
Mr Clark – who claimed the reporter did not even come to visit the site and hear the noise for himself – feels let down.
Paperwork filed by the Scottish Government says a physical visit was not necessary, explaining a “virtual visit” was sufficient to get the required information.
However, the reporter stressed the appeal solely examined the issue of planning breaches.
Aberdeenshire Council says it continues to monitor the fridges following additional complaints.
Mr Clark said: “It is so anti-business, it’s not just my business here. We were speaking to folk about getting a noise survey done and they’re saying ‘you’ll not win against them, they’re very anti-business’.
“This is the worst council to try and promote businesses.”
Closure of shop would have ‘significant’ impact on Kemnay
In the documents submitted to Planning and Environmental Appeals Division (Depa), the couple wrote: “The unit is used at the farm shop as the only refrigerator for the storage of produce, including meat from the appellant’s local farm.
“The farm shop itself only contains a few display fridges containing the produce for sale.
“Without the refrigerator capacity that the unit provides, the farm shop would not be economically viable to operate and the appellant would likely close the farm shop.
“Reliance solely on the display fridges within the farm shop would not enable the business to stock sufficient produce in order to be viable and therefore would likely shut down.
“The closure of the farm shop would have a significant and detrimental impact on the Kemnay community and economy, leaving a number of people unemployed and preventing the new jobs associated with the proposed extension from being provided in the future.”
In his ruling, Scottish Government reporter Stuart West said the council’s two-month notice was “unreasonable” and gave more time for alternative arrangements to be made.
Photographs of the refrigeration unit were taken during the appeal process.
He added: “I have consequently extended the period for compliance from two months to six months to account for any delays appointing contractors to disconnect and remove the unauthorised refrigeration unit, and for the appellant to arrange a replacement refrigeration storage space.”
‘No way shop closing down’
A defiant Mr Clark said he, his wife and the rest of the team would do all they can to protect the farm shop’s future.
“There’s no way this shop is closing down,” he said. “We’re going to make a change round about it and we’ll stop it from getting closed down.”
Aberdeenshire Council explained it began monitoring the noise of the fridges at Kemnay Farm Shop after receiving complaints.
However, during the process, officials established planning permission had not been secured for the cooling unit.
A spokesman said: “A planning enforcement notice was also issued as a breach of planning control was identified following the installation of the refrigeration unit on an external wall of an outbuilding at the premises and we note the upholding of that notice by the Scottish Government reporter.
“We fully recognise that businesses are the backbone of our society and we have staff that work with key sectors and individual businesses to help them achieve their objectives.
“Aberdeenshire Council supports thousands of businesses through our Business Gateway service and during Covid the authority was able to hand out £80 million worth of grants to north-east businesses during what was a very challenging time for them.”
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