A "funeral" mourning the death of culture in Kiama will be held at troubled cafe Finding Fillmore's on Friday, amid a lengthy council battle to keep live music playing.
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Venue owner Morgan Lewis has spent 18 months trying to keep regular ticketed music and comedy events at his Manning Street business, but faces council action after being warned the cafe doesn't meet planning standards.
Friday night's satirical funeral is to "wave goodbye to culture in Kiama". It also Kiama Council's deadline for Mr Lewis to get his paperwork and complying requirements in order.
Kiama council's director of planning said there would have been less headaches for Mr Lewis had he lodged proper planning consents in the first place and complied with them.
"Council has been working with Fillmore's for some time ... and provided as much information as possible to help the circumstance," said Jessica Rippon, also citing the correct legislation relating to the issue.
The council now claims the cafe doesn't meet standards of the cafe's planning approvals - such as hosting too many patrons (which then impacts fire safety and amenities), they're not supposed to have amplified music nor sell tickets to major events.
Filmore's has also been afforded many warnings, extensions of time, support, legal advice, and a range of other measures have been provided over this period.
- Jessica Rippon, Kiama Council
"Fillmore's has also been afforded many warnings, extensions of time, support, legal advice, and a range of other measures have been provided over this period," Ms Rippon said.
She said the council will take action if Mr Lewis doesn't change operations to meet the requirements of their development control order or if a development application is not lodged.
The venue owner told the Mercury he has no plans to change how he trades. He believes he is currently not operating illegally and that DAs are too expensive.
Mr Lewis does believe, however, he is being unfairly targeted by the council and claims other Kiama businesses are flying under the radar and not being penalised as he has been.
"Our legal advice is very clear that we are trading legally," he told the Mercury.
"We all have to do all we can to rescue this industry ... if you live in a town centre you need to expect to hear sound by local industry ... If you want peace and quiet then perhaps live in the residential area, but even there you will require tolerance for your neighbours."
Finding Fillmore's began trading in 2021 at the back of Parfait Pattiserie, without any operating consent from Kiama Council. After prompts by the council, a complying development certificate was obtained by a private certifier in retrospect.
The site is in a mixed use zone, and appeared around the same time as the new Harbourside Kiama luxury shop-top apartment complex was completed next door at 44 Manning Street.
It has also been the source of dozens of complaints since opening.
"The intent of a development application process is for the council to consider all required safety and amenity requirements for the type of operations that are occurring or desired to occur on site," Ms Rippon said.
"This includes ensuring there is appropriate amenity, fire safety, access, facilities (such as toilets) available for patrons and that the approvals and conditions for the way in which the business is operating has been granted."
Meantime, Friday night's satirical funeral is to "wave goodbye to culture in Kiama". It also is the deadline council gave Mr Lewis to get his paperwork and complying requirements in order.
Local personality Nick Rheinberger will sing songs of praise and silliness, along with surprise performances in this "musical celebration of our favourite community meeting place". Festivities begin at 8.30pm.
"I really am doing my best to avoid wasted time and money of a stressful court battle with my own council," Mr Lewis said.
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Desiree Savage
At the helm of Australia's premier publication for people aged over 55, covering hard hitting issues, travel, lifestyle and entertainment. Got a hot tip? Email me - edit@TheSenior.com.au
At the helm of Australia's premier publication for people aged over 55, covering hard hitting issues, travel, lifestyle and entertainment. Got a hot tip? Email me - edit@TheSenior.com.au
