Oppressive council restrictions in two regional areas have stifled an independent baker and a small cafe, forcing their owners to choose between overhauling their businesses or paying thousands of dollars.

In Mount Martha, Michelle Ball has sold handmade sourdough bread via an honesty box outside her home twice a week for the past three years. Known as the Bread Box Baker, Ball was told in February by Mornington Peninsula Shire that she needed a permit for the box and, until she got one, she would need to stop putting out her bread.

Her regulars were devastated, with many swinging into action to find her alternative sites, including a wine bar in central Mount Martha. On Wednesday Ball tried delivering bread but, for her customers, that’s not the point of the Bread Box Baker.

“Myself and my three girls, we’d [walk there and] take the dog,” says Mick Duyvestyn, 50, who also lives in Mount Martha. “It was a good time to chat, to hang out, be away from technology.”

Regular Mardi Mason, 41, says: “There are less opportunities for people these days to interact with their community. This was one of them.”

The council confirmed to this masthead that it was acting on a complaint about increased traffic due to Ball’s bread box, but did not share the number of complaints received.

“I just wish the council would use common sense. It doesn’t have to be black and white.”

Mardi Mason, a regular at Bread Box Baker

Ball says she usually makes 70 loaves, which are all sold within 60 to 90 minutes to customers arriving either on foot or by car.

“The most I’ve ever seen there is five cars … and three or four people waiting,” says Duyvestyn. “It’s a quick transaction. You’re in and out, and lots of people walk.”

Mason is extremely frustrated by the decision. “One person’s complained so the council’s acted, but they haven’t actually stopped to think how that … has a flow-on effect to something that’s really lovely within the community.”

Meanwhile, Geelong cafe The Local has been in a 2⅟₂-year battle with the council to keep its outdoor dining parklet, which came to a head on January 23 when council officers tried to remove the parklet after hours. Owner Ben McLachlan estimates he’s spent at least $14,000 on lawyers, engineers and designers to resolve the dispute.

The parklet, installed in December 2020, is the only seating at the cafe, which operates on a takeaway model. More than 2600 people have signed a petition to keep the parklet.

In mid-2022, the City of Greater Geelong advised it would not be renewing The Local’s parklet permit due to traffic safety concerns, and asked for it to be redesigned.

McLachlan says he’s offered alternative designs, including installing a concrete barrier, but believes the council keeps changing its requirements, commissioning three road safety audits between 2022 and 2024. During that time, the council has had three chief executives.

Parklets – dining structures built in spaces previously used for car parking – rose to prominence in Victoria during the pandemic. Many councils later allowed venues to keep their parklets permanently for an annual fee, recognising their popularity and role in activating streets.

The City of Greater Geelong was due to release a draft outdoor dining strategy in April 2023 but currently does not have a parklet program in place.

“The way people dine has changed,” says McLachlan. “I think that’s been the cause of concern for our community [over this dispute]. People like to walk their dogs and have a coffee in the fresh air now, or bring their prams, or meet people.”

McLachlan recently learned his business needs to commission a fourth road safety audit to get its parklet permit, despite the council already paying for three reports.

The two cases highlight the tension between community and compliance, particularly in regional suburbs where residents are often seeking greater connection with their neighbours.

In Mount Martha, Ball discovered none of the permits available in her shire suited her business, which is neither a farmgate nor a takeaway shop nor a retail premises. The only option would be a $13,000 roaming food truck permit, of which there are only four available on the whole of the peninsula.

“I just wish the council would use common sense,” says regular customer Mason. “It doesn’t have to be black and white.”

Mornington Peninsula Shire describes its region as “one of the richest food bowls in the state” and runs a Mornington Peninsula Produce labelling initiative that encourages people to support a “thriving local food system”.

“We are a region known for makers and growers and creatives, and yet [council] is only interested when it’s money-raising and viable for them,” says Ball.

In response to questions, Mornington Peninsula Shire mayor Anthony Marsh said: “While changes like these can sometimes be challenging, it’s great to see the community come together in support. I’m thrilled that another local business in Mount Martha Village has embraced the baker, allowing them to keep sharing their delicious creations with the community.”

While Ball is grateful to have used the doorway of the local wine bar temporarily, she is looking for a more suitable location that will fit her blue kiosk.

McLachlan dismantled The Local’s parklet on March 2, fearing another removal attempt by the council, and is awaiting the results of the fourth road safety audit.

The City of Greater Geelong did not respond to questions about the amount it has spent on road safety audits and its specific concerns relating to The Local’s parklet.

Instead it issued this statement on behalf of the executive director of city infrastructure, James Stirton: “At the City of Greater Geelong, community safety is our primary consideration, and we’ve been extremely clear and consistent about this.

“We’re always encouraging small businesses to be innovative in how they serve their customers, but this must be done without compromising safety.

“We have demonstrated that we are willing to work with the owner regarding their new permit application, and we look forward to an outcome that is both safe and beneficial for all road users, cafe patrons, the owner and the broader community.”