THE Bass Coast Shire Council has taken local business operator, Andrew Higgins, owner of Cowes’ garden supplies firm, Aussie Outdoor Emporium, to the brink of incurring almost $1/4 million in penalties plus fines of as much as $11,538-a-day before pulling back.
Mr Higgins was told in April that he had 60 days to close the business, which was operating without a permit, and clear the site by June 10 or else face those astronomical penalties.
And the shire left him with that fearful prospect for two months, right up until d-day, Monday, June 10 when they were supposed to hit him with the book… but they did nothing beyond acknowledging, it seems, that Mr Higgins was right all along, that the planning use “Landscape gardening supplies” is a permitted use in a Farm Zone.
Manager of the Cowes’ Aussie Outdoor Emporium site, Sarah Henstridge, told the Sentinel-Times in the lead up to June 10 that they were right and the council was wrong.
She said the council had characterised the business as “Retail” and therefore prohibited in the Farming Zone, later telling them they would never get a permit for either landscape gardening or retail, hence the application was lapsed by council in July 2023 leaving Aussi Outdoor with no where to go.
Now, having pulled back from the brink, the council is offering a way forward.
A spokesperson for Bass Coast Shire Council has said it "has been informed by the landowner of their intent to lodge a planning application".
"As such the enforcement investigation will be put on hold until such time as an outcome on any planning application is determined."
The change of heart, which by no means equates to planning approval, comes ahead of the presentation of a petition, signed by 377, which will be presented to the council meeting this Wednesday, June 19.
According to the shire agenda:
“A Petition containing 377 signatures has been received. The petition reads: ‘It is truly beggars belief why council wants to close down the nursery Aussie Outdoor Emporium, at the approach to Cowes! This nursery has enhanced this area being ascetically pleasing to the eye and kept very neat and tidy, including the nature strip. Closer to Cowes we have unsightly gum trees that are rotten and extremely dangerous to both vehicles and pedestrians including many children riding bikes to and from schools in the area, along with unruly grass to harbor snakes. Council keeps allowing subdivisions across the Island with the constant removal of most if not all fauna and flora and without permits. Our wildlife and birdlife need to find new homes, which is fast disappearing due to the over development, this is so disappointing! With all the new housing estates, people like to have a nice garden to encourage the wildlife to return. The Aussie Emporium nursery enables people/ratepayers to support a local business and not have to go off the Island to the likes of Bunnings to establish, landscape and maintain their gardens. Have any of the councillors taken the time to see just what verity of plants, trees, shrubs, pots, water features and sculptures etc. Are available to local and visitors to the Island? The area is zoned as farmland, surely Ramada Holiday Resort is not classified as a farm! Perhaps Aussie Outdoor Emporium should be called a horticultural plant farm. Surely, it is time local residents were listened to by Council!! Is this just another case of one complaint, and the minority get their way?”
In response, shire officers have noted that they have “recently been informed by the landowner of their intent to lodge a planning application”.
“With the lodgement of a planning application the current enforcement will be put on hold while the planning application is being assessed.”
It has also been recommended as follows:
“That Council: 1. Receive the petition, Closure of the Aussie Outdoor Emporium. 2. Resolve to deal with the petition at this meeting. 3. Afforded the landowner the opportunity to advise Council of when a planning application will be lodged. 4. The current enforcement matter will be put on hold while the permit application is being assessed. 5. Advise the head petitioner of Council’s decision.
Whether council will ultimately approve the commercial use, in a Farming Zone on the outskirts of Cowes, is yet to be decided.