The council accused the owner of breaching planning regulations.

Yelo cafe wins battle with City of Stirling over 'planning breach'

Tim ClarkePerthNow

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THE owner of popular beachside cafe Yelo has won his battle with the City of Stirling who accused him of breaching planning rules by accommodating his throng of customers.

The cafe overlooking the northern suburbs coastline in Trigg has become one of the favourite haunts of locals since it opened seven years ago, with queues regularly stretching out of the door.

But that success has not been welcomed by all, with residents near the West Coast Drive outlet complaining customers parking on the road and nearby verges caused intolerable congestion.

West Coast Eagle Scott Lycett and friend Dean Cadwallader have a coffee at the popular cafe.
Camera IconWest Coast Eagle Scott Lycett and friend Dean Cadwallader have a coffee at the popular cafe. Credit: PerthNow, Michael Wilson

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Those complaints led the City of Stirling to first investigate soon after the cafe opened in 2009 — and eventually launch a prosecution years later which finally reached court last year.

Today, magistrate Richard Bayly said that the council itself had been confused about what it had approved the cafe to do - having agreed to allow 20 seats on a verandah outside, but then saying they were not allowed seating inside.

Magistrate Bayly said while the cafe could be "overcrowded" that did not in itself mean they were breaching the rules.

Residents near the West Coast Drive outlet complained customers parking on the road and nearby verges caused intolerable congestion.
Camera IconResidents near the West Coast Drive outlet complained customers parking on the road and nearby verges caused intolerable congestion. Credit: PerthNow, Michael Wilson

He acquitted owner Michael Pond of the charge and orders the council to pay costs, which came to just over $33,000 after he five day trial.

The council had claimed the cafe breached the planning approval first enshrined for the premises in 2003, which allows service of takeaway food and drink only, and restricts seating to 20 on the al fresco verandah.

And at a trial last year, planning officials told magistrate Bayly that covert inspections had shown people staying for up to 45 minutes to drink coffees and eat organic fruit toast or bircher muesli — with seating for around 55 provided inside the premises.

Mr Pond argued over he has constantly complied with the planning approvals — only serving food and drink in throwaway containers, and never at tables, or with plates, knives and forks.

The owner of popular beachside cafe Yelo has won his battle with the City of Stirling.
Camera IconThe owner of popular beachside cafe Yelo has won his battle with the City of Stirling. Credit: PerthNow, Astrid Volzke

Experienced barrister John Prior said in the planning approvals no mention was ever made of how much seating was allowed inside the cafe, meaning Yelo had never actually breached the rules.

An application in 2012 by Mr Pond to amend the planning approvals to officially allow more seating was rejected by the council, who also said the cafe was not permitted to sell retail items such as thongs, books, surfboards and wetsuits.

And the court heard council officials also ordered the cafe to remove signs they had provided pointing customers to a public car park 80m away at a nearby dog beach, even though they were designed to alleviate the parking problems regularly complained about.