Wollongong City Council has endorsed a recommendation to prepare a Planning Proposal to permit operation of a café at Port Kembla, currently trading as Cakes by Rach.
On Monday night (16 June) Council accepted the recommendation to progress the proposal seeking a site-specific amendment to the Wollongong Local Environment Plan (2009) that would permit the operation of a café at the Military Road site.
The recommendation was based on consideration of various factors, including documentation from the property owner and business operator, community feedback received through a preliminary notification process, and advice from the Wollongong Local Planning Panel (WLPP).
The Planning Proposal seeks to allow operation of a café or restaurant as an additional permitted use of the site. It does not propose to change its current zoning (low-density residential), or that of the surrounding area.
Following Council's resolution, the Planning Proposal will be submitted to the NSW Department of Planning, Housing and Infrastructure for a Gateway Determination. Should a Gateway Determination be issued, the Planning Proposal will be exhibited for a statutory minimum period of 28 days.
"I'm pleased to see this progress to a Planning Proposal and give the community further opportunity to comment on the merits," Lord Mayor of Wollongong Councillor Tania Brown said.
After receiving complaints, Council first advised the property owner and business operator in September 2022 that they did not have consent to operate the site as a café under its current zoning. Compliance and enforcement action was subsequently held in abeyance to allow the property owner and business operator to explore planning approval pathways.
A development application (DA) seeking consent to operate a food and drink premises was assessed and refused in October 2024 as use of the site as a café is not permissible under its current zoning (low-density residential), and existing use rights had not been established.
Following this determination, the business owner initiated the preparation of a proponent-led Planning Proposal request to permit café operations as an additional use of the site. Council deemed documentation provided sufficient to proceed with the Planning Proposal request that was lodged on 12 February 2025.
Enforcement action will continue to be held in abeyance as the Planning Proposal process progresses. Should the Planning Proposal be successful, a fresh DA will be required for the ongoing operations of the café. Community feedback will be considered as part of the DA assessment process.
