A planning permit - currently out for community feedback - is seeking retrospective approval for the Aussie Outdoor Emporium, following months of controversy and threats of legal action.
As reported, the owner of the landscape garden supplies business at 2124 Phillip Island Road was told by Bass Coast Shire Council in April he had 60 days to remove "all goods and materials associated with the operation of a retail premises" or else face fines or court action.
The owner had operated the business on the site for a decade without a planning permit, but was adamant he was being unfairly treated.
A petition with 377 signatures was lodged with council, stating it "beggars belief why council wants to close down the nursery Aussie Outdoor Emporium" as it had "enhanced" Cowes.
In June councillors confirmed legal action against the owner had been put on hold after he agreed to lodge a planning permit.
Now that retrospective planning permit has been released seeking the use and development of the land for landscape gardening supplies in a farming zone, a reduction of car parking requirements and display of business identification signage.
The 6.6ha property is also partially subject to a heritage overlay, with an onsite historic chicory kiln.
The permit states the business aligns with the farm zone requirements, most recently home to Phillip Island Strawberries, adding the garden supplies do not "adversely affect the use of land or the surrounding land for agriculture".
"The current land use activities and associated building and works are considered appropriate and warrant approval," the permit states.
Non compliant
The business has 13 car spaces, arguing the required 6614sqm of land required to be set aside for car parking "would clearly be an oversupply of parking for this site and use".
"This amount of parking has been provided on the site for the entirety of its operations (over 10 years), and on-site parking pressures are very rare, if at all for the site," the permit states, adding there is also overflow parking.
The permit adds the owner "understands council is no longer pursuing retrospective approval for the access arrangement to Phillip Island Road and agrees that this is lawful".
The owner has responded to requests by the council to remove all non-complying signage, with the exception of one sign - Phillip Island Strawberries - to the front of the site.
Council planners questioned the owner's recent use of bird netting and timber poles, with the permit explaining they have been erected for the growing of strawberries.
The permit also responds to planner concerns the land is used for storage, including in shipping containers, green houses, sheds and potting sheds.
"We respectfully disagree the threshold of the use of the site as a 'store' is met by virtue of our client storing certain items on the site."