OWNER of Aussie Outdoor Emporium Mr Andrew Higgins says he has been stonewalled by the Bass Coast Shire Council who is seizing closure of his local business on June 10 despite its decade long operation and his efforts in obtaining planning permits.
In September of 2023, Andrew was notified that a complaint had come through council that his local nursery, Aussie Outdoor Emporium didn’t have permits to operate – due to the property zone being deemed farming land.
Andrew was informed he needed permits for signage, for the illegal buildings – shipping containers, permits for the driveway – installed by VicRoads and permits to operate the nursery.
However, prior to the purchase of the 17-acre property, Andrew said he inquired with the existing owner who assured him that he’d been operating a driving range here for nearly 15 years. “I spoke to the real estate agent selling it at the time. He assured me there should be no reason you couldn’t continue running a business on this property.
“I then spoke to VicRoads and asked them about the turning lane, and I have since received confirmation from them that I have provided to council.”
The Bass Coast Shire Council responded stating that ‘the construction of a private access from a road that is identified as a Transport Zone under the Bass Coast Planning Scheme requires a planning permit.
‘Council has no record of a planning permit being issued. The slip lane created by VicRoads would not have required planning approval as it was constructed by VicRoads.’
Andrew said, he then went to the Bass Coast Shire Council for clarification, stating “we’re about to purchase this property, there is already a turning lane. It’s been there for 10 to 15 years. Is there going to be any issues with us continuing, they confirmed ‘no, it should be fine.’
“I had nothing in writing, but I spoke to everybody confirming everything’s fine. So, I then purchased the property. I didn’t change the driveways. I just started selling plants and it grew from there.”
In an interview with the Sentinel Times, Andrew highlighted that the shire’s planning department requested that he pay near $3000 for his preliminary planning permit application; however, some three days later, he was then informed that the permits couldn’t be processed, and the shire was forcing closure on the business, with Andrew having until June 10 to close.
“The business has been operating for the past decade. What has instigated the fact that I now can’t be approved for permits and I need to close, or I’ll be prosecuted?” said Andrew.
“This is my livelihood. I’ve been a resident in Bass Coast for the past 43 years, I’ve run 10 to 15 businesses within the shire and employed over 1000 locals, and not one of the councillors can help overturn the planning departments decision.”
When contacted by the Sentinel Times for further response, the Bass Coast Shire Council declared that ‘The use of the land is a planning enforcement matter, and we are therefore unable to make further comment.’
