THE Bass Coast Shire Council has talked a big game.
On April 10 this year, they sent a cease and desist notice to the operators of Cowes garden supplies firm, Aussie Outdoor Emporium, located at 2124 Phillip Island Road, threatening penalties of up to $230,772, with fines of as much as $11,538-a-day if they don’t close the business and clear the site by June 10.
That day is fast approaching.
So, will the shire follow through?
The Council has advised that a re-inspection of the land will be carried out by Council Planning Investigation Officers on Monday, June 10 at 10am “to ensure compliance has been achieved with the provisions of the Bass Coast Planning Scheme”.
And it won’t be enough to simply stop operating. All goods and materials stored on the site will have to be removed, according to the shire, “unless a planning permit is obtained for the separate use of the land for a Warehouse”.
Manager of the prominently located business, Sarah Henstridge, says bring it on.
“We’re not going to close down, and clear the site, even if we could in that time. The council has simply got it wrong,” Ms Henstridge said last Sunday at a protest meeting.
She says ‘Landscape gardening supplies’ is a permitted use in the Farming zone. She’s right.
In the Bass Coast Shire Planning Scheme “Landscape gardening supplies” is listed as “permit required” use alongside the likes of Broiler farm, Camping and caravan park, Crematorium, Domestic animal boarding, Group accommodation, Market, Manufacturing sales, Trade supplies, Warehouse and wind energy facility.
She says the shire has characterised the Aussie Outdoor Emporium as a “Retail” use and therefore prohibited in the Farming zone.
But the Bass Coast Shire Council has got it wrong before, right. And they may have it wrong again here.
Listed under the prohibited uses in a Farming zone are nightclub, office, cinema and retail however, there is a list of exemptions under “Retail” including the following: Market, Landscape gardening supplies, Manufacturing sales, Primary produce sales, Restaurant and Trade supplies.
The operators of the business aren’t entirely squeaky clean though.
They lodged an application for a planning permit in May 2023 asking council to approve the use as Retail, on advice that they wouldn’t get approval for Landscape gardening supplies but that application was lapsed by council in July 2023 and, snookered by council, there has been no further application.
“When Andrew bought the business, a decade ago, it was a driving range but he soon discovered it wasn’t a viable business on its own so it sort of morphed into garden supplies.
“It’s been operating as such for years now so what’s the urgency now. We applied for a permit, but they deemed it Retail and we were never going to win that, so here we are.
“A lot of our customers say they love the service we provide, that they would have to go over to Bunnings in Wonthaggi to get the things we provide locally.”
Sarah is well aware of the threat to impose up to a $230,772 penalty, with fines of as much as $11,538-a-day but has confirmed the Aussie Outdoor Emporium will be open and operating the day the council comes to call next Monday, June 10.
She says they’ve received no help from the shire and a series of protect meetings have been called to raise awareness, the most recent, attended by 20 people last Sunday.
