'Doesn't make sense': Council closes beloved Port Kembla cake shop

The owner of Cakes By Rach Cafe at 190 Military Road was given orders this week to close by May or take the council to the Land and Environment Court over zoning issues for use of the land.

The council claims Rachel Weekes is unable to trade as a restaurant/cafe at the site, despite a long history of it being a formal Spanish restaurant, a take-away store, a "Euro-style deli" and a grocery store.

"[Legal costs are] every bit as terrifying as closing," Ms Weekes told the Mercury.

"There are no winners if you close me down - locals lose their jobs, communities will be upset about it, I lose my livelihood, the building becomes vacant, the landlord is impacted - there is no winner."

A spokeswoman for Wollongong Council said they had received "multiple complaints from several parties" about the use of the site as a restaurant/cafe and there was "no easy solution" as they would need to change the zoning of the land.

"There is no development consent for use of this site as a restaurant/café, with the consent only permitting it as a 'neighbourhood shop'," the spokeswoman stated.

"As part of our ongoing contact with the current tenant, we have provided advice that the use of the premises as a restaurant/café is prohibited."

Long-time Port Kembla resident Kristina Jankulovska felt "gutted" as she believed the cafe was part of the transformation of the suburb, away from the seedy stigma of yesteryear.

Like other Illawarra residents, she and her husband remember the shop being a take-away store with arcade games, a "Euro-style deli", and regularly enjoyed dining at Cafe La Playa (which was forced to close during the pandemic).

"It's a bit gut-wrenching, it was a restaurant before her," she said.

"As a local, I don't understand why all of a sudden it's an issue ... and why now, why has it taken this long for the council to say they can't trade as a restaurant?"

Mrs Jankulovska, who visits almost daily, said the cafe had become a "community hub" while she noticed many customers had travelled from outside the suburb "just to have cakes by Rach".

Ms Weekes was first notified the site was not zoned to be a cafe after first opening to the public in September 2022.

She engaged in legal representation and didn't hear anything until a different compliance officer visited in November 2023.

This is when Ms Weeks was told she could not trade under the "existing use" clause because the Spanish restaurant had been closed too long before she opened her business.

She again engaged with her lawyer, as during the pandemic the NSW Government extended the time for one business to close and another similar business to open under a development application for "existing use".

"It makes no sense to me ... if the goal is to shut me down then what is the point of that? Does anybody want another closed building in Port Kembla?" Ms Weekes said.

"I'm happy to work with the council on anything that they would need us to do to make sure we're not putting anything [or anyone] at risk."

A Wollongong Council spokeswoman said for the cafe to operate under "existing use" due to its long history as an eatery, proof is needed that the "use was lawful before the planning rules changed" which they claim it did not.

"The process to change the zoning rules would need to follow a formal process set by the State government," said the spokeswoman.

Stephen and Sacha Smith moved to Port Kembla two-and-a-half years ago and have been avid fans of Cakes By Rach Cafe since day one.

Mr Smith believes forcing the business to close would leave an "emptiness" in the community and didn't agree with the reasoning behind the council's decision.

"It's just red tape, why allow her to operate for 13 months and pour money back into the community, why pull the rug from underneath her feet?" he said.

"She does have the community's heart. She's just a small business owner and it feels like she's being bullied by the council."

A petition has begun taking signatures in the cafe as well as online, while cafe customers have also been contacting the council directly of their disappointment over their actions.

Documents available on the council's website show in 1965 an application was approved for a "general shop", while in 1981 an application for a "change of use to take-away shop" was refused.

The Mercury understands the corner store became a convenience store-come-take-away shop and amusement arcade before the Cafe La Playa Spanish restaurant began trading in 2008.

The Mercury also understands that restaurant was subject to regular inspections by Wollongong Council officers.

Cafe La Playa was widely known and featured in the Illawarra Mercury, the Delicious national magazine, and on SBS Food.

Property data shows after the cafe closure the entire premises at 190 Military Road was sold to a new owner, with the shopfront relisted for lease.