Ben McLachlan, the owner of a coffee shop in Geelong, staged a sit-in to stop the removal of an outdoor dining area. (ABC News: Jonathon Kendall)
In short:
The owner of a coffee shop in Geelong staged a sit-in at an outdoor dining area after arriving to find contractors dismantling it.
The local council says the area was intended to be temporary during the COVID pandemic, and that it now poses a danger to motorists and cafe patrons.
What's next?
The cafe owner says he has tried to work with council, and a spokesperson for the council says he will have to apply for a new permit with an area that meets safety requirements.
A Geelong cafe owner has vowed to continue to fight to protect an outdoor dining area introduced during the COVID pandemic, after the local council moved in to remove the structure.
Ben McLachlan, who operates The Local cafe, said he was shocked to find council contractors arriving to remove the outdoor dining structure after hours on Thursday night.
The wooden structure — which faces onto Garden Street, near the intersection of the Bellarine Highway — was built in 2020 as Victoria embraced more outdoor seating at hospitality venues in a bid to limit the spread of COVID-19.
For some time, Mr McLachlan and the City of Greater Geelong have been at odds over the future of the structure, which the council argues poses a danger to motorists and cafe patrons.
Ben McLachlan says he has tried to work with council to keep the outdoor area. (ABC News: Jonathon Kendall)
On Thursday night, Mr McLachlan said the disagreement came to a head, hours after he said he had submitted a certified engineer's drawing and a road safety audit.
"By chance, we were here late last (Thursday) night and the city contractors arrived at 7pm with an order to dismantle the structure. They said they had an order to remove the space. We said 'under what authority?', then I went live on Instagram and asked if anyone wants to come down."
Customers and supporters gathered at the construction and stopped it being demolished.
"Within 5 minutes we had about 30 people and we just stood on the deck. The contractors were on the phone, we were on the phone and then they disappeared about an hour and a half later."
While the seating remains in place, the City of Greater Geelong's executive director of city infrastructure, James Stirton, said the parklet was intended to be temporary during the COVID-19 pandemic when "traffic volumes were lower".
"Independent engineering assessments have found that the location of the alfresco dining near a major intersection poses a very high and unacceptable risk to both drivers and cafe patrons. Community safety is the top priority of the City of Greater Geelong, and we won't compromise on safety," he said.
Mr Stirton said the council had worked with the operator over many years to try and find a solution.
"Despite our efforts, no safety improvements have been made. The permit for the site expired on 31 December last year, and the site is now operating without a permit," he said.
"The operator is able to submit an application for a new parklet that meets Council's requirements, but so far, we have not received a formal application for a new permit."
Customers at the cafe say it would be a shame to see the outdoor area removed. (ABC News: Jonathon Kendall)
Mr McLachlan said he had tried to work with the council and had offered to pay for new concrete barriers.
"We have agreed to replace the water-filled barriers with concrete barriers," he said.
"If the city wants to talk about it, we're ready to talk about it and we have been for some time."
Community spot 'in limbo'
Outside the cafe on Friday, several residents expressed support for the outdoor seating.
Local resident Alana Steele said, to her, the seating appeared "pretty safe".
"It's not directly on the Bellarine Highway, it's off it. It's a great attraction and it's busy all the time," she said.
Kate from Leopold said it would be "really disappointing" if the seating could not be saved.
"It's been around for a few years now. And a great spot for the community to come during COVID and after that. Many mums come and enjoy it with out children," she said.
Ryan from Geelong said he enjoyed coming to the cafe area and it would be "a bit of a shame" if it was removed.
Mr McLachlan said he was worried a work crew would remove the barrier when he was not there.
"We are in limbo. I don't know if they're coming today, I don't know if they're coming tonight or across the weekend," he said.
