A Local Perth cafe deemed ‘illegal’ by council

A beloved local cafe may soon be shut down as this one small detail has turned into a major problem.

A popular cafe livening up Fremantle, Perth may soon be shut, as an investigation sparked by neighbourhood complaints revealed this one problematic technicality.

Lovers Deli & Canteen, a retro-inspired cafe in White Gum Vallet has been tangled in red tape just weeks after opening, and may now need to apply for retrospective council approval.

The dilemma faced by owners Mia Gammon and Jake Carter, who also founded Mosman Park and Fremantle cafes Good Things, are an example of how even seasoned pros can be confused by complex council approval frameworks in Australia.

Lovers took over the site on the corner of Strokes Street and South Street, which only had permission to trade as a lunch bar, but was advertised by the leasing agent as available for a cafe or a restaurant.

“We had absolutely no idea that it wasn’t permitted for that because that’s how it was advertised and that’s how the lease was drawn up,” Ms Gammon said to PerthNow.

Neighbours have complained over parking problems as the cafe has transformed their quiet street into a thoroughfare, compounded by the fact that Stokes Street is too narrow for parking on both sides.

“We open, we’re busy and people start parking down on Stokes Street and the residents are up in arms,” Ms Gammon said.

“We got an email from the council to say ‘because of the parking complaints we have looked into the case and have found out you don’t have permission to operate as a cafe/restaurant, only a lunch bar’.

A post from Lovers asking customers to be mindful of the community after parking dilemma lead to council investigation Source: @lovers.canteen/Instagram

However, even the council seems confused about their own frameworks.

“We have a certificate from the City of Fremantle health inspector signing off that Lovers as a cafe/restaurant can trade,” Ms Gammon said.

“If we knew to begin with, we would have changed the lease from a lunch bar to a cafe before moving forward with it.

“They’ve got us on this technicality and it’s insane; why would I invest so much money into something illegal?”

Lovers has submitted a retrospective application on January 17 to change the site use to a cafe/restaurant which is subject to community feedback, in hopes this technicality will not lead to a beloved local spot shutting down.

Locals throughout Fremantle have taken to social media to voice their support for the neighbourhood cafe, along with making submissions.

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One local Beth Ferialdi , 34, Beaconsfield posted a snippet of her submission in support of the retrospective application as inspiration for the rest of the community.

“The importance of a suburban cafe cannot be understated in its ability to create community, foster social capital, and increase accessibility for those who may not be able to venture to more high amenity locations,” Ms Ferialdi posted on her Instagram story.

She said to News.com.au that many in Fremantle have banded together because of their pride in the community and “camaraderie” and will “stand up and show our support for those, like Lovers Canteen, who are investing in the local community” and providing “opportunities to foster social connections.

Ms Gammon and Mr Carter hope to work with the council to address concerns in a way that can save their business.

“We didn’t open to purposely upset everyone on the street,” Ms Gammon said.

“If residents had taken a moment to breathe and talk to me and Jake, we would have all sorted it out together with the council.

“We want to be part of this community, not causing problems in it, so anything we can do to fix the concerns we will do so we can keep operating as a cafe.”

Many locals are now submitting statements of their support to Lovers Cafe to Fremantle Council, in hopes of saving the cafe. Source:@lovers.canteen/Instagram

A City of Fremantle spokesperson said their attention was brought to Lovers not following the intended land use shortly after they opened.

“The City subsequently received a change of use planning application for the property, which is currently being advertised for community feedback,” the spokesperson said.

“The City recommends that businesses undertake due diligence before committing to a lease or purchase.”

Advertising of the planning application has just commenced and a summary of submissions will be available after it closes on Tuesday 25 February

Originally published as A Local Perth cafe deemed ‘illegal’ by council