Feeling disheartened…

[Jazzah]

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Last week I rang council and there were no objections, they advised it would have to be something serious. They sounded upbeat and positive.

Today I rang, (Advertising ends tomorrow) and there have been a few calls and they are expecting an objection, but had not received it yet. I asked how long they had (Hoping it was til the end of the advertising period) I was advised they could object up until the planning report is submitted and approved, so weeks!

They said they would call us on Friday. We have until the 1st of May to accept the lease. I asked the agent for an extension on the permit condition for 1 month, the response was “Must be very stressful, goodluck!”

So now we have downed tools and stopped work. yesterday I was painting clouds on a blue sky to put up on a wall. Today I picked up filler for the floor (there goes another $300), now we are doing nothing.

I just cannot believe how difficult, time and money consuming this process is, all for a permit to run kids birthday parties! A bottle shop is approved quicker than this!

If council receive an objection and agree with them, we have no other choice but to go to VCAT, but that needs time, which the real estate agent wont give us. So do I walk away, give everyone (planning consultant, council, traffic engineer, estate agent) a golden handshake and thank them from relieving me of my hard earned money?

Jazzah

[MyGreatIdea]

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Keep fighting Jazzah…

I still think it wouldn’t hurt to take all your records of correspondence to your local member and ask for some help. You’ve got nothing to lose in trying and so much to gain.

Wendy

[Jazzah]

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Today I submitted my stat dec that the advertising was placed on the building. I was informed there was one objection from a resident in an over 55’s block of units next door. The objection was around car parking, traffic and noise. It was fairly non-descript. But the council also informed me they were waiting for an objection from a local business. So they wont discuss it with me until Tuesday now! I am just so frustrated. I emailed the manager at planning and also left a message for my local councilor who is the major. Look I am for people having rights, but what about my right to earn an income and not waste needless money on this process? If we are unsuccessful then we have lost about $8000 in reports and assessments. What small business can afford to do that and receive nothing in return?

[AgentMail]

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Hi Jazzah,

What a rollercoaster you have been on, simply unbelievable!!! – Maybe you can write a book on it and cash in that way

I am no expert, but one objection from an over 55 resident about noise sounds pretty much the same as no objection at all. The business one will be interesting – what business exactly would see a load of mums bringing their kids to the area, where they will then be able to roam the local shops nearby as a negative… Is there a yoga store nextdoor? Maybe that’s where it came from.

In terms of the real estate situation, I don’t know about Melbourne, but around Brisbane, there is retail space that is sitting empty for months, so I would check how much genuine interest there is in the property if you are not in it – I reckon you must still be a better prospect than relisting, advertising and fighting against hundreds of other vacant stores

Chin up, keep positive, think of the endzone

[Jazzah]

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Ok, we are trying to think out of the box. If we don’t get the permit, we can still run a party shop but the space is really large, we would have about 200sm left over. It is zoned Business 1, what else could we do there? can anyone suggest something for the rear of a property. Something we could do or sublet? They would have their own staff entry door and we would need to share the amenities. Any ideas would be greatly welcome.

[Jazzah]

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AgentMail, post: 72029 wrote:

Hi Jazzah,
Is there a yoga store nextdoor? Maybe that’s where it came from.

Next door is snap printing and a dulux trade centre next to them. I had spoken to the owner of the snap printing and highlighted that it might bring them more business, they replied that they only service business! I actually had to say, well Mums and Dads run businesses! Couldn’t believe it!

Cheers

[AgentMail]

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Jazzah, post: 72037 wrote:

Next door is snap printing and a dulux trade centre next to them. I had spoken to the owner of the snap printing and highlighted that it might bring them more business, they replied that they only service business! I actually had to say, well Mums and Dads run businesses! Couldn’t believe it!

Cheers

Unfortunate short sightedness of many retail print shops!

I am not familiar with zoning rules, but someone I know who runs a personal training gym is about to move into another premises. He is using 75% of the floor for his gym, and then is leasing the other space out as small partitioned offices, which he has allied services, so massage, spray tan, sports clothing and physio.

With that in mind, what about a childrens clothing or childrens toy store?

[Jazzah]

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So we have tow objections from an over 55’s village next door. They are not so much of a worry. But apparently a local business has employed a planner to submit their objection. This is the one the council are waiting on. Now I am really really nervous!

So I am trying to think of other options, we have about 200sqm that we would not need, what could we do with that space? Any ideas? We would have a party supply store in the front.

Cheers
Jazzah

[SuzsSpace]

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I’m sure that business is being very shortsighted and not thinking of the bigger plan. You moving your business in would be good for just about every other business.

The over 55s often complain when there’s no real reason. I volunteer in an op shop, I’ve been elected as VP and I’m struggling to get any change through as they all complain about it. They’re very set in their ways and need a little persuasion.

Yep, definitely sublet the space. As AgentMail said, children’s clothing or children’s toys would be ideal. The other idea I have might be a bit expensive for the subletee but it would make good storage. I’ve often thought of having a storage facility for my books.

[PerfectNotes-Kathy]

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Hi Jazzah,

As has been suggested, at the least you can sublet as offices – you have amenities, provided it is dry and you are up front about the fact that there will be parties there, you should be able to recoup at least some of your costs.

Good luck!!!

Kathy

[Jazzah]

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well it turns out it wasn’t the businesses at all, rather their landlord that lodged an objection. Some of which was addressed in the traffic engineers assessment and some just silly, like him being in breach of contract if the parking is reduced, it is common property! You cant promise parking when it is common property.

So we now have to wait to see if the council agrees with us or them. If they agree with us, they have to issue a notice of intention to issue a permit to the people that objected. They then have 21 days to take it to VCAT.

So regardless we have to try and get the real estate agent to extend the clause regarding the time a permit is needed or let us go month to month. I don’t think that will be an easy feat. We have a meeting scheduled for Wednesday. The council planner said they would review the objections and ring us tomorrow afternoon.

This process is just so darn unfair from our perspective. We have spent about $9000 and can come away with nothing, what small business can do that? I might need an investor at this stage!

[SuzsSpace]

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At least there’s progress, you’re still moving forward even if by snail steps. The council haven’t said ‘no’. That landlord sounds like a dreadful neighbour, I do wish you luck with him.

[Jazzah]

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For those of you following (boy I would never recommend this path for starting or growing a business!)

The council AGREED with us!!!!! Wow Fantastic Wonderful

but as there have been objections they can’t issue a permit

They have to issue an intention to do so, which gives the objectors 21 days to lodge an application to VCAT, appealing the decision.

Council stated that they like the proposed use, they could not see any validity in the concerns raised in the objections, the engineers dept had no traffic or parking concerns, so they will support us at VCAT. They also advised they were certain two objectors (the landlord next door and a militant over 55er will lodge an appeal to VCAT.

So now we go to the real estate agent to ask for more time, or month to month and see how we go, if they don’t agree to either of those we have to decide whether to take the risk and continue with a 3 year lease (would love to hear positive stories of people ending a commercial lease early, just in case we sink!)

Then there is the cost of going to VCAT, the traffic engineer wants $1975 to prepare a report and attend the hearing, the town planner probably wants the same! I will have to discuss with council if they are needed given council are supporting our permit. (really not sure how I will fund all that and pay rent as well! I have a serious hole in my bucket!)

so sort of sweet bad news? It is a step. but still so many to go and lots of obstacles!

[SuzsSpace]

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Oh, wow! I was hoping if the council agreed with you that’d be the end of it. I’ll still keep my fingers crossed for you. Have you spoken with the bank about an overdraft or a loan?

But still, if the council are on your side then you should have the edge over the objectors.

[SuzsSpace]

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Hey Jazzah,

Been thinking about you and wondering how you’re going. I’m sure there’s been no change as yet as it hasn’t been 21 days since your last post, but if there has I’d love an update.

[Author]

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