The planning policies of the Shire of Augusta-Margaret River are to be tested in the State Administrative Tribunal (SAT).
The planning policies of the Shire of Augusta-Margaret River are to be tested in the State Administrative Tribunal (SAT).
Erl Happ, managing director of Happs Pty Ltd, which owns two vineyards dating back to 1978, told WA Business News that he intended challenging the conditions imposed on him by the shire in relation to the creation of cellar door premises.
Mr Happ said the approvals process had taken two years to achieve, and was recently obtained with 39 conditions he claimed severely restricted the development.
“It is apparent that the council does not share my vision for the future of this development, nor indeed the opportunities that might exist for other visitor-focused developments in rural areas within the cape to cape region,” he said.
Some of the conditions would render the cellar door invisible from the road, Mr Happ said, while wines produced from another vineyard in the area could not be sold on the premises.
In addition, special permission would be required for functions beyond the seating capacity of the restaurant, and a restriction of the licensed area would make it “near impossible” to hold an outdoors event, he said.
“Their vision for the future of the area contemplates a restricted range of developments tightly focused on town centres, albeit somewhat expanded in number,” Mr Happ told WA Business News.
“In my view, this attitude flies in the face of economic reality, and represents poor government and woeful planning.
“I will be appealing to SAT because it appears that the sorts of conditions imposed could not be backed by reasonable argument.”
In an email to members of the Margaret River Wine Industry Association, Mr Happ said the industry had “laid some golden eggs which the council wished to stomp on”.
“We are creative individuals whose work is of benefit to the society as a whole; we are a vital part of the engine for employment and growth that stimulates opportunities in many other areas, locally and further afield,” he said.
Amid rapidly increasing property prices the shire has come under increasing pressure over what some consider are protectionist policies by developers and builders.
The rate of release for blocks up to 2006 is to allow for 2 to 3 per cent growth in stock a year, according to Mr Happ.
“There are more people coming into the shire all the time, at greater rates than 2 to 3 per cent, and any responsible authority would cater for that,” he said.
A developer contacted by WA Business News with an interest in the region said that the town-planning scheme was extraordinarily difficult to work with.
“The way the shire is operating right now is going to just lock all the land in the area up,” the developer said.
“Every time they mention restrictions, the price of land just goes right up.”
Shire CEO James Trail declined to comment, other than to say that if developers had concerns with the town-planning scheme they should be raised with councillors and council staff.
