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Zoning restrictions prevent enterprise

Zoning restrictions prevent enterprise

Seasonal mango stallholders at Kroemer’s Crossing, Tanunda are now facing the same battle with The Barossa Council as faced by fruit, vegetable and seafood stallholder, Mr Craig Lloyd Jones.

Council has asked the popular stallholders to cease trading at the site on the basis that their trading is a non-complying form of development within the Primary Production Zone on which the property
sits.

For the past four years the stallholders have continued to provide the Barossa Valley with their product, without the issue of zoning being raised by Council.

In September, following months of successful trading at the same Kroemer’s Crossing site, fresh produce stallholder, Mr Craig Lloyd Jones was asked to move on after a complaint was heard by Council.

The community rallied around Craig and were able to find him a site to trade from at John’s Cars Kastle Barossa Valley Warehouse, Murray Street Tanunda.

Similarly to Craig, the mango stallholders were approached by Council with a notice and final warning.

They were told that they may lodge an application to remain at the site, but that they would not be allowed to stay due to zoning restrictions.

The Barossa Council CEO, Mr Martin McCarthy said that Council is aware from enquiries, including that now from The Leader, that another fruit trader has been operating from a site in Tanunda.

“Again Council is attempting to adopt a consistent approach with the application of the Development Act across all traders and businesses,” he said.

“Council has attempted to seek compliance from the stall holder and land owner in relation to them obtaining and following the appropriate application process. “These attempts have been unsuccessful and unfortunately, so as to ensure a consistent application of the Act, Council will now commence appropriate action.”

On behalf of Barossa Central Pty Ltd, landowner of the site, Mr Nicholas Paphitis said Council has chosen to take “bully-boy” tactics rather than discuss concerns about the use of the property.

“Council’s statement is false, we have never heard from them or been asked for our compliance as landowners,” said Mr Paphitis.

“As of this interview with The Leader we have not received the copy of the letter that Council has posted to us.

“Our tenants received a legal letter stating that they had 48 hours to vacate the site or face a fine of $20,000.

“I spoke to The Barossa Council director of development and environmental services, Mr Ian Baldwin about not receiving the letter and he was perplexed as to why we had not.”

Similarly, tenant of the property, Mr Bob Taplin wrote to Council on November 3 asking for clarification on the situation and he claims his letter appears to have been ignored.

Council has since acknowledges the correspondence from Mr Paphitis and Mr Taplin, with a letter being received on Monday.