Goulburn's Roses Cafe receives new planning consent after 'mistake'

On Tuesday, councillors granted deferred commencement approval to the owners of the Roses Cafe building in Verner Street, allowing the tenants to continue trading without interruption. The decision also permits night functions and live music on Friday, Saturday and Sunday afternoons and evenings.

Cr Jason Shepherd lauded it as a good outcome and an example of flexibility on the council's part.

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However the requested removal of a pylon sign, advertising the cafe, could prove a sticking point.

Councillors heard that after lodging a DA in 2014/15, local company Cartwright Verner Pty Ltd won approval for seven villas, a 29-room motel, function centre associated with the motel's use, and subdivision.

The Abbey Motel began operating in 2020 and the leased Roses Cafe late last year. Company director Robert Rampton said he and development partner Steve Jones understood the approval covered Roses Cafe's set-up but council planners alerted them to the "mistake."

"We thought it was all covered (by the original consent)," he said.

Planning director Scott Martin said a separate approval was needed because the cafe "wasn't associated with the motel's use." This was subsequently lodged, with deferred commencement consent issued on Tuesday.

"While it doesn't seem like much, there were aspects in terms of the way the DA was originally assessed," he said.

"...There are some things that left unchecked may rear their head down the track and cause issues not just for surrounding residences but also the operators of the motel and cafe. Now that these protections are assessed and in place, they can move forward."

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Car parking, for example, had to be re-examined because previously, the number of required spaces was tied to the motel's use. More information was also sought on operations, signage, maximum patron numbers, outdoor seating, an acoustic report and a building information certificate.

A report also stated that some some construction work, including a toilet block, had been completed without consent.

Mr Martin said planners picked up on the oversight before the cafe started operating.

"It has been a challenging process but the cafe operator, while frustrated, has been sympathetic and understanding of the situation we are in too," he said.

"...This DA seeks to resolve the issues and allow them to fully utilise the space in terms of outdoor dining, entertainment and getting a liquor licence in place."

The approval will also allow functions from 5pm to 10pm Monday to Thursday and 4pm to 10pm Friday to Sunday. Public holidays are excluded.

In addition, entertainment, pre-recorded and live music and use of a dance floor will be permitted from 4pm to 10pm Fridays and Saturdays and 2pm to 6pm on Sundays. Pre-recorded music in the cafe/restaurant can't exceed 95 decibels and it can't be played outdoors.

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Cr Andy Wood said it was important to support local business.

"Slowing this down would throw up unnecessary hurdles. We need to make it easier for hospitality to continue to operate," he said.

But the consent also calls for removal of a pylon sign at the front of Roses. A report stated this sign and a separate one for the Abbey Motel "did not show a coordinated or rational approach to signage for the site." Furthermore, it was located to the west of the cafe and under planning laws, the council could not approve it.

Mr Rampton said while he was happy with Tuesday's decision and council planners had been "very good to work with," he opposed the sign's removal.

"I don't see anything wrong with it and I don't understand why you would want to pull it down..." he said.

"These people (Roses) employ locals so why not promote the business? It's not like we've put up a huge billboard."

The 140-seat seat cafe was also popular and the motel was drawing repeat customers, he said. The company has plans to build another 15 to 17 rooms on a rear land portion.

Mr Rampton said the council appeared to have forgotten that his company had transformed the previously "derelict" Saint Patrick's Hall into the cafe, spending significant funds in the process.

"They pick us up on a sign but we did everything right and complied with all the regulations. We've had a lot of positive comments and not one person has said 'that sign looks ugly.'

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The deferred approval will not become operational until all conditions are satisfied. This must be done within six months. Mr Martin said this wouldn't necessarily disrupt operations.

The DA attracted two submissions, with one questioning how the cafe was allowed to operate without the correct consent. It noted that a 'change of use' application from a function centre to cafe/restaurant was lodged on November 1, 2021 but Roses opened on November 8.

Another submission commended "a perfect example of a sympathetic restoration, keeping the heritage integrity while bringing the building into the 21^st century."

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