'We stand to lose everything': Council red tape battle leaves farmgate shop owners fearing bankruptcy
The Australian flag hangs proudly in Tanya and Monique Lunn's country Victorian shop.
It takes pride of place because it's why they do what they do.
"We buy the farmers' produce for the price that they're asking, we don't try and cut them down in any way, shape or form," Tanya told A Current Affair.
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Monique and Tanya Lunn have bought and sold fresh produce to their local community in Smythes Creek near Ballarat for four and a half years. Nine
"It's all sustainable, we all make a little bit along the way without being greedy," Monique added.
The future of the couple's mushroom farm looked rocky when the COVID-19 pandemic sent Victorians into lockdown, so they decided to diversify and open a farmgate instead.
"We were out on our concrete slab with the marquee, that's how it started," Monique said.
"We weren't making anything out of it, we just wanted to allow ourselves, other producers, to move their stock."
The pair decided to open a farmgate during COVID-19. Nine
They've bought and sold fresh produce to their local community in Smythes Creek near Ballarat, in western Victoria, for four and a half years.
In that time the pair have moved their operations outside, put in a car park and renovated the store, all because their local council, Golden Plains Shire, asked them to.
"We put into this at least $100,000 of our own money," Tanya explained.
They even took out a loan to make the premises fit for purpose.
"We had fantastic support from council during COVID... Golden Plains sent a health officer out here every 12 months," Monique said.
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Monique and Tanya Lunn said they have invested $100,000 into the business. Nine
The couple said a council worker at Golden Plains Shire told them they could operate without a permit during the pandemic and on a retrospective permit instead.
"We thought it was a formality we'd deal with later," they said.
During the pandemic the pair said the council supported them evolving their business and even advertised the farmgate on its website.
But despite meeting council's requirements with the fit out and car park, when it came to issuing them their permit, council refused.
"We wouldn't have done that if we for one minute thought that we were going to be refused," Tanya said.
"If we knew this was going to happen, then we would have shut our business at the start of COVID and gone on benefits."
"How much did people earn over COVID for doing nothing? And we chose to fight," Monique said.
But despite meeting council's requirements with the fit out and car park, when it came to issuing them their permit, council refused. Nine
An expensive legal battle with Golden Plains has left the pair fearing bankruptcy if they're forced to close.
"We stand to lose everything. We go bankrupt. We lose the house to pay the debt [on] the loan that we took out ," Monique said.
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The couple have been in a fight with council for more than a year and it's all over a few square metres.
To be classed as a 'convenience shop' in a rural living zone, the store must not exceed 80 sqm, and theirs does by 40 sqm.
"So we've asked for an exemption of the extra 40 square metres, which essentially is our cool room space with the veggies. They've denied us of that as well," Tanya said.
Former councillor and mayor Oscar Yildiz helped start up Council Watch Australia. Nine
But a long time local councillor in Melbourne and former mayor, Oscar Yildiz, who helped start up Council Watch Australia, believes the council can and should issue them an exemption.
"The bureaucracy and red tape is absolutely mind boggling in local government right around Australia," Yildiz said.
"It's actually stories like this one that are the reasons we started Council Watch Australia.
"Councils definitely have an ability to give an exemption and in this case I think they should."
Golden Plains Shire said the case was being reviewed by the Victorian Civil and Administrative Tribunal. Nine
In a statement Golden Plains Shire said "the planning scheme does not provide for exemptions."
It stated the business' categorisation as a 'shop' was prohibited in a rural living zone and that the store does not meet the planning scheme definition of a 'convenience shop'.
It said the case was being reviewed by the Victorian Civil and Administrative Tribunal.
FULL GOLDEN PLAINS SHIRE COUNCIL STATEMENT
The application is properly categorised as a 'Shop', which is a prohibited use in the Rural Living Zone (Clause 35.03-1 of the planning scheme).
The applicant has requested a review, and the case is currently before Victorian Civil and Administrative Tribunal (VCAT).
Council is focused on not prejudicing the ongoing legal proceedings and respects the VCAT process.
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