For three years Tweed Shire Council and the new owners of the Fingal Head General Store, currently closed, have been negotiating to resolve the illegal development that was built at 50 Main Road, Fingal Head in 2021.
The owners were required to stop building at the site following complaints and subsequent investigation in September 2021. The ‘new land owner was advised (29 September 2022) of the need to lodge a DA and Building Information Certificate (BIC) to seek consent for and regulate illegal works and deal with the use of the premises,’ according to the staff report.
The new owners were seeking to change the use to primarily become Cubbies main bakery. Following the investigation the landowner confirmed a commitment to offer a General Store.
Staff had recommended that the DA be refused as the owner had failed to present a DA that would be permissible at the site and in the residential area of Fingal Head.
Tweed Councillor Meredith Dennis said she was particularly disappointed with the DA.
‘We did attend a site visit yesterday and basically the commercial bakery has already been built there’s massive ovens, huge big pastry mixers, and various other bits and pieces,’ she said.
Councillors James Owen and Rhiannon Brinsmead put forward a deferral of the decision with Cr Owene saying that he believed the proponent, Mr Chook Fingal Pty Ltd, had received planning advice from their advisors, not council, that ‘hasn’t stood them in good stead’.
‘I just would like to give them another chance to see if we can find a workable solution here,’ said Cr Owen.
Cr Dr Nola Firth said she would not support a deferral. Cr Firth highlighted that the food preparation area had increased by 676 per cent, the operating hours began at 4am which was not allowed in a residential area and the issue of parking was significant.
Mayor Chris Cherry put forward an amendment for refusal seconded by Cr Dennis. Cr Cherry highlighted that staff had been trying to work with the illegal developer to find a solution for three years and that they had not been able to achieve one. She also pointed out that the proponent could open the general store at any time as they had existing permission for this use.
Residential zone
‘What this DA is about is authorising the works that have gone on and being done without approval to really intensify the activities of the business and to change the nature of the business in a lot of ways,’ said Cr Cherry.
‘Unfortunately, the issues that the staff have raised in terms of permissibility is the crux of this matter. So the intensification that is being proposed is just not permissible under the existing use rights that are there. We just need to remember that this is a residential zone. This is a zone where people are living right next door. It’s not a commercial zone as our first speaker from public access said.
‘I understand where Councillor Owen is coming from with his motion to defer and the plain truth is that we’ve had three years to negotiate. We’ve had three years for this proponent to come to the table and say, ‘okay, we won’t do the commercial outside deliveries. Okay, we won’t do the early start openings. Okay. We won’t do all of these things that make the project into something that isn’t able to be in the zone’. And they haven’t chosen to do that.’
The amendment was lost with Crs Owen, Brinsmead, Polgalse and Byrnes voting against.
Councillor Owen then tried to place a time frame for the return of the DA for July, however, staff were clear that the council had no real control over the time it would take for the proponent to redo the DA and return it to council.
The motion to defer the decision was supported and the decision may well now come before the next council that will be elected in September.
How painful. We could all still be enjoying a frosty fruit and a cold beer after the beach had they not bought it.
Crap. That run-down eyesore was never an on-licence venue anyhow.
I’m sure if councillors are down on a bakery there’d be equally down on you waltzing about the public drinking alcohol on the street corner.
Huh? Frosty fruit is an ice block not alcohol.
The tropical flavour Frosty Fruit is the best.
While Council dithers, the food preparation area will further increase by another 676 per cent, and the operating hours will become 24/7.
I take it the local community isn’t happy. The forces of business and capitalist exploitation seem to have lined up on the other side.
No good will come of this.
and dodgy politics
676%?!?
There’s taking the piss and then there’s taking the geyser. I had sympathy until I read that. A few percent, maybe. Almost double? In a residential zone?
Yeah nah. Boot them out and start again. Communities are being destroyed by this kind of greed and mentality.
more than double. it is over 6.5 times bigger. 676%. They want an industrial bakery in a residential area on a block of land that is zoned residential.
Backing council 100% on this. The new owners think they can just come in and fully change the general store like that. If they went through the proper channels, the community could have raised concerns and there could have been a good outcome somewhere in the middle.
Clearly the new owners don’t care about the community impacts or proper processes, they’re just chasing the money. $100 says they won’t own the shop in 5 years time. Will get through this mess and try to sell for a profit.
Keep up the good work on this one Councillors.
🙌🙌🙌
Agreed – the new owners DO not care about the local community and its people and wildlife – they just want to own. something as you say and then. flog it off .. to make more money ..
The owners have done the wrong thing by all residents by not laying out the absolute truth of what it is they wish to operate and how …
Back the council staff that wrote the damming report on this cubby DA you should say.
At the moment if this DA goes to the vote by councillors at their next meeting the community will loose like we nearly did at the meeting last Thursday. The majority of the councillors intend voting against their council staff’s recommended advice and are keen to have this development proceed here in Fingal.
A general store would be good .
Thankful and grateful for the sensible comments and decisions of most of the councillors and appreciate the difficulty it has presented them! Also clearly evident regarding the shock in seeing what this proponent has already installed without proper approvals. ( Equates to industrial bakery) Pretty obvious how far they thought they could go under the radar with absolutely no regard for zoning or effects on residents. Also agree that there is no reason they couldn’t be operating a general store and post office right now should they wish to do so without the need to waste further council resources on this!
With all the time wasted in this debacle and the fact they already have huge equity in the land alone, its seems obvious to most that unless its re-established as the general store and post office the community need, then go back to the original zoning and create beautiful new townhouses which this site would be best suited.
It’s not a General Store, let’s get that straight. It’s an Industrial Bakery they’re attempting to install.
24/7 & 04:30 starts, delivery trucks, garbage trucks, with NO off street parking which is a major problem during weekends and holidays already. In a residential area.
They use Social Media platforms like Instagram, Facebook etc to fill their cafes.
It is definitely not for residents.
An Industrial Bakery.
I can’t wait for it to open. Me and many others in the fingal community. I have been inside every one of the general stores since it was changed from a horse paddock. The last 2 sold loads of alcohol and had expired stock on the shelves on multiple occasions. I would love to know what general store items council thinks were purchased when the previous owners ran the stores that they think they won’t be able to get with the new layout. Apart from the extensive alcohol stored (and realistically a privatised post office isnt feasible).
I’d also like to know what consistutes a commercial bakery as in how much baking do you need to do to be commercial. I believe with only 1 or 2 other stores ( I think they sold one) a car will be all that’s needed to transport goods.
From memory, from the community tour and consultation there were 2 large ovens and 2 large mixes and maybe 6 freezers. The preparation space also includes the take away section of the building for chips and burgers and another section for serving and coffees and such. It will also be opening up 12 bay car parking next to the shop, with a disability park available.
Boats arrive at the boat harbour as early as 4am with their motors and 4WDs. The 430am starts might not work for some, but I assume that would be in the kitchen not open at 4am. And I believe 4-7 is a much better option than the current approved opening times that go as late as midnight. This is my opinion anyway which I know I share with many in Fingal and from Fingal. Glad to see a local buy the shop and plan to stick around awhile.
More like a ‘blow in’ who has bought the shop and has an agenda of having an industrial sized bakery and then has the nerve to say they plan to ‘gentrify’ the area. I find the actions of these people highly offensive with their lies and subterfuge. As for your comments on the general store and post office I used it often and loved it. I to have been a long term resident from the days of the original Fingal store and have been inside all the stores as well. I definitely do not agree with your views.
Hazey,
Have you had a chance to even read the Tweed Shire Council [TSC] https://datracker.tweed.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=954701; and https://datracker.tweed.nsw.gov.au/Common/Output/Document.aspx?id=7986162&ext=pdf being the RFI? I am sure that you haven’t because you have no clue to your mischievous nonsense that you claim, apart from the horse paddock which I wasn’t in the locality at that time.
TSC and the residents of the locality is already competing to accommodate car parking availability and once the M1 is capable at full capacity for traffic especially from Brisbane, the best exit for fishing/sailing/swimming/whale watching/tourism will be the Shire coastline and it all starts from Fingal Head to Pottsville.
From 2021 to late 2022 the majority of the residents of Fingal Head did not know of what was being built apart from a major electrification that would generate three times the power source for the General Store and incorporate the replacement of the transformer for the intent to industrialise a bakery to meet the needs for high intensity baking causing a larger proportion of smell and heat upon the residence closely associated with the future industrial bakery.
TSC had no idea of the intent to the R2 zoning which the proponents were seeking until the council demanded for a DA. Another year and half past before the amended DA was tabled for approval by the councillors and we are in this holding pattern whereas TSC could have flatly refused the application due to so many inconsistencies since the proponents considered further development of the sight after acknowledgement not to continue further works until council was to accept the DA or reject.
The proponents instead installed the need to produce for the intent of selling goods at store but also to sell at other localities from Fingal Head. What most of the residence within the stores locality wish for, is to be either reconfigured into a General Store as previous history identified with the intent of a General Store or to be demolished and allow for residential properties to be within the Zone R2 as it should be.
Let’s hope that TSC will unanimously vote not to allow for an industrial bakery as its primary role followed by a restaurant and then a General Store having limited space to serve the community.
Also, within the RFI is displayed:
“As the Proposal is to prepare and serve food for immediate consumption, as opposed to manufacturing food, it is not appropriate to be classified as an Artisan food and drink industry. Similarly, the Proposal does not comprise an industrial activity. It is noted that the take away food and drink categorisation is also in alignment with contemporary approvals within the Tweed Shire, including but not limited to the following food and drink premises:
• Bread Social, 12 Bay Street, Tweed Heads – CDC18/0089
• 2-14 Henry Lawson Drive, Terranora – DA21/0260
• 5 Wollumbin Street, Murwillumbah – DA19/0067
• 45 Wharf Street, Tweed Heads – DA15/0908”
What you can do Hazey and other residents of Fingal Head is to Google, say Bread Social; [URL removed by moderator] and see what location the RFI is in comparison to R2 zoning residential.
Do you live within a 100m radius of the General Store and are you willing to have a General Store operational for selling alcohol at the table for seven days a week, especially the hours for Thur – Sun till midnight with music and no idea as to the rowdiness of the patrons will be?
I do not trust the proponents for adequate control of serving alcohol consumption and peace due to the fact that they were not forward in what the proponents needs were to the community during the period from 2021 up until the TSC meeting on the 02 May 24. Being a resident you were aware of three police vehicles being called out at approx. 4:15AM to Healy Lane due to disturbance of the peace and it took approx. 30 min for the police to arrive, what assurance are you going to give me that an altercation is not going to develop with these hours of operation when I can’t trust the licensee to do the right thing as history you have displayed and history is a concern to me and my family that live next door to the General store that they are not capable of relaying key information to the residents and TSC.
So, read the DA22/0797 and come back to me with how many of you out there want an industrial bakery next door to your residency within a R2 zoning for residential use.
There was no community tour. What community got to have a tour? Tell me please.
676% larger preparation area…I think this stat alone speaks volumes to what is truly intended here. Clearly something bigger than a general store. Not to mention, why start works on a development illegally unless you’re trying to hide something? All seems a bit smoke and mirrors. As Cr Cherry said, they’ve had THREE YEARS to make changes or tweaks to the DA that the community will accept, but haven’t even bothered. Talk about lack of consideration or care for what the community wants. Should be thrown out
Tweed Shire Council has a Planning and Reporting Framework that states – “ Living – we want to be safe at home and in the community. Making sure the places we live, work and visit are safe to protect our quality of life .”
This encapsulates the reason we have by – laws in place to assess development proposals. Without the by-laws being applied to the above statement of standard, then it becomes the Wild West for development.
When your planning and assessment department lists TEN points that the proposal FAILS on, then it is NOT fit for purpose. Of greater concern is to see the councillors not accept the advice of the department our rates pays for, and take it upon themselves to decide what we in Fingal should have by not outright simply saying, “Back to the drawing board and get it right this time”.
Within the Northern Rivers there are good examples of “general stores” that have evolved with the times. They have hours of opening respecting community values e.g. 7am to 7pm, serve take – away foods from appropriately sized food preparation areas, serve in – house in the appropriately sized restaurant areas, serve alcohol, serve coffee etc. They are viable business entities.
Unfortunately, the “new” cubby locals do not have the vision for such a business as that is not their model. They do not have the vision to create a different development proposal for a residential option. Their vision and business model simply does NOT “fit the box” as Councillor Owen has pointed out.
Perhaps that is why the project was attempted in the way it has been approached. Spending time and money illegally and now begging forgiveness for not following the correct process. However, if their advice from their consultants has been poor as suggested by Councillor Owen then they may have legal recourse, as they could, if the proposal is outright rejected by council. BUT what recourse do we as community have if the councillors override a planning direction that says it should overwhelmingly be rejected?
At the moment, this development, like the boat ramp, is being pushed upon the community by councillors. The Kennedy Drive boat ramp was redesigned resulting in less easy access, less available parking and with a sign advising everyone to go to Fingal. How many of those who now use this boat ramp are from Fingal, from Tweed Shire, or from Queensland ??
The developer needs to acknowledge that retrofitting a development proposal to an illegal project has failed and in reality they MUST go back to the drawing board. Not every business idea works out. The Fingal Head community will be supportive of a proposal that is appropriate to the site and takes into account those directly affected in the near vicinity as well as those who live away from the site.
Good morning – I hope all are well and happy. I feel it is of the utmost importance to understand the impact of what is being suggested and understand fully the position from the local residents
I have lived in Fingal Head for over10 years and would like to notify the council of my response to the Amended Development Application for DA22/0797. I am in favour of a neighbourhood shop that has the working hours of 7 am to 5 pm or on certain occasions until 7pm when it is a neighbourhood moment. I also am in favour of a local post office and a general store that services the basic needs primarily of the local community. BUT ……. and a big BUT and what is not being looked at truthfully is the below …
As noted above what is being attempted it is NOT a General Store its HUGE Industrial noise and chaos !!! Not for a residential area which is peaceful and quite with children, dogs, wildlife …
I object to this Development Application and think that it still does not take into consideration the R2 Zoning of Fingal Head community. · The Business Hours of opening at 4:30am is inappropriate. The earliest start should be 7am. This is a quiet and serene area. To allow such activity is disturbing in the early morning. This has never occurred here. · Electricity Substation Upgrade – I support the concerns of other community members who may be directly impacted from the electricity upgrade along with the oversized chimney. · Parking – I have addressed parking in length in the last submission with diagrams and photos that I sent in for this DA application. The proximity to Sheoak ShackCafe and the boat harbour and then Lighthouse parade entrance to the beach is a bottle neck and having more cars and people from outside especially on the weekends and holidays and moments of great weather can already create congestion of traffic and too many people trying to visit. o The noise and exhaust fumes are a concern as well for those parking inside the back fence. · This site is not a wholesale or industrial site where baking is to be done to take to other locations. This location is R2 residential zoning. · It is still unknown how alcohol will be distributed and allowed. Request clarity.
This DA proposal is an ugly assault on this beautiful village. Fingal Head is special because of the residents who have fought hard (for generations) to keep large scale developments out. Today, Fingal is loved for exactly this – it’s natural beauty, it’s lack of oodles of shops and cafes and it’s peaceful atmosphere. People come to Fingal to ESCAPE. Wildlife come to Fingal for refuge. It is a sanctuary on a very busy coastline. A general store is perfect. An industrial bakery is not. If this DA proposal was to go ahead – Fingal Head is set on a trajectory that is difficult to alter – it undermines the peaceful nature of the village, it enables other developments, units and infrastructure… and then….just like that… Fingal is no longer the special place it once was. We must fight to KEEP FINGAL SPECIAL. Thank you councillors for your decision not to allow this DA proposal to go ahead for now. Please do not allow it to go ahead at all.
The article says it all. The proponent had the cheek to do major works without a DA then did everything in its power over 3 years to ram it through with minimal community consultation or care for how it would affect local residents. The council has advised its intended use is not appropriate for a residential area with the massive increases in scale. I don’t understand why it’s still even going back to a vote when the council was advised by their team against it. A small cafe, with a post office and a shop would be most welcome but not this! It’s not been built for the local community which the shops original approval was for as I understand it.
As I understand it the corner shop has existing approval. That could have been running sooner, had the owners not been so secretive with their real intentions and illegal renovations. It is the industrial style bakery, operating within the “Cubby” business model that presents the problem. It is a residential area, and should this business model go ahead, “Fingal Junction” will become inundated with traffic, noise and rubbish. The shop is not going to supply a loaf of bread at $4 it will be fancy sour dough at $17.
The boat harbour is appropriately zoned and although boats start their engines at 4:00am there is some distance between the harbour and residents.