Terella Brewing set to take Sunshine Coast council to court

A Sunshine Coast brewery is taking legal action against the council, after it was issued an enforcement notice that could shut down the venue within weeks.

Terella Brewing on the Sunshine Coast.

A popular Sunshine Coast brewery has begun legal action against the council, after it was issued an enforcement notice that could shut the venue within weeks.

Terella Brewing Pty Ltd filed an application with the Planning and Environment Court, seeking to set aside the Sunshine Coast Council’s enforcement notice to shut down activities on the rural 27ha property at 196 Bunya Rd, North Arm.

According to the court documents the brewery was issued a show cause notice by the council in October last year, after it was allegedly determined the company did not have the necessary permits to operate a food and drink outlet.

The venue, which boasts an on-site brewery, also advertises a range of activities and events on social media, including twilight markets, festivals and workshops.

An inspection carried out on October 12 coincided with the venue hosting an Oktoberfest event.

The Sunshine Coast Council’s enforcement notice issued to Terella Brewing stated the business cease operations by July 31, if relevant permits had not be accepted.

The brewery responded to the council’s notice in November, however the council stated the response was not “adequate”.

“The event management plan provided by Terella Brewing did not adequately demonstrate how patron numbers and off-site impacts will be managed,” the court documents stated.

“More specifically, advertised free events do not provide for any booking or registration system to manage patron numbers.”

According to the documents, the council’s notice requires the business to “cease all unapproved land uses”, including the markets, outdoor cinema and petting zoo by June 30.

The brewery and food outlet would be required to shut down by July 31, as it was “unlikely” the brewery could obtain a permit before that date, according to the council’s notice.

The court documents show the brewery argued the council’s enforcement notice did not state which development approval condition had been contravened by the business.

It is also argued the council had not demonstrated the site at North Arm was being used unlawfully by the brewery.

Terella Brewing has been contacted for comment.