Cakes by Rach is a café that has been operating out of a premises at Military Road, Port Kembla for approximately two years.
Wollongong City Council has been in communication with the current property owner and business operator since early September 2022 about the lack of relevant development consent for the business activities, prior to the business commencing trade. At that time, both parties were advised that they did not have consent to operate the site as a café. The business operator chose to commence trade contrary to this advice.
Council officers served a development control order on the business in early 2024 requiring the business operator to cease unauthorised use. Council officers subsequently met with the business operator and landlord to discuss options that they could consider to regularise the business.
The business chose to lodge a development application seeking a consent as a food and drink premises and Council agreed to pause the development control order whilst the DA was under assessment.
The DA has subsequently been assessed and refused. Council officers met with the business operator and landlord on 3 October to advise them that the development control order would be reactivated, while offering an extended timeframe for compliance to allow the business to trade through the summer period.
While we understand the community interest and investment in this business, Council has a responsibility to ensure that its planning controls are complied with across our local government area and that businesses operate in appropriately zoned land.
Council also has a role in ensuring that businesses operate from compliant premises with regards to fire safety, food premises fit-out standards, disability access, neighbourhood amenity and parking availability.
